Ozugowski v City of New York
Motion No: 2005-07149 +1
Slip Opinion No: 2006 NYSlipOp 61242(U)
Decided on January 30, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35372

O/nal

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT J. LUNN

MARK C. DILLON, JJ.

2005-07149, 2005-07152

Alicja Ozugowski, etc., plaintiff, v

City of New York, et al., appellants.

(Index No. 11945/02)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8[d][2] to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated April 7, 2005, and June 18, 2005, respectively.

Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the appeals by the defendant City of New York are dismissed, without costs or disbursements, as it is not aggrieved by either order (see CPLR 5511); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeals by the defendant New York City Health and Hospitals Corporation is granted; and it is further,

ORDERED that the time to perfect the appeals is enlarged until May 1, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court