ROBERT JOHNSON, JR., AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, ASHLEY TAYLOR APPELLANTS-res, v. VASSAR BROTHERS MEDICAL CENTER, def, MRIDASIM AGUWA, ETC. RESPONDENTS-ap — 2017-02112, 2017-03067
Motion by Robert Johnson, Jr., an infant by his mother and natural guardian Ashley Taylor, and Ashley Taylor, individually, on an appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated August 17, 2016, an appeal from an order of the same court dated January 27, 2017, and an appeal from an order and judgment (one paper) of the same court dated February 14, 2017, to enlarge the time to perfect the appeal from the order dated August 17, 2016, and to consolidate the appeals and cross appeal. Cross motion by Mridasim Aguwa and Health Quest Medical Practice, P.C., (1) to dismiss the appeal from the order and judgment dated February 14, 2017, inter alia, on the grounds that no appeal lies from an order and judgment entered upon the default of the appealing party and no appeal lies from an order and judgment denying a motion, in effect, for reargument, (2) to dismiss the appeal from the order dated January 27, 2017, and the appeal from stated portions of the order dated August 17, 2016, on the grounds that no appeal lies from an order denying a motion, in effect, for reargument, and they have been rendered academic, and (3) to direct that the cost of printing the portions of the joint record concerning the appeals from the order dated January 27, 2017, and the order and judgment dated February 14, 2017, be borne by Robert Johnson, Jr., and Ashley Taylor in the event that those appeals are consolidated with the appeal and cross appeal from the order dated August 17, 2016. Application by Mridasim Aguwa and Health Quest Medical Practice, P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on the appeal and cross appeal from the order dated August 17, 2016.