| Webb v New York Methodist Hospital |
| Motion No: 2005-07315 +1 |
| Slip Opinion No: 2006 NYSlipOp 61327(U) |
| Decided on January 31, 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. |
Appellate Division: Second Judicial Department
M35497
Y/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-07315, 2005-09114 Tanya Webb, appellant-respondent, v New York Methodist Hospital, et al., respondents-appellants.
(Index No. 16683/03)
| DECISION & ORDER ON MOTION |
Motion by Tanya Webb, the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 30, 2005, and the appellant-respondent on an appeal and cross appeal from an order of the same court, dated September 21, 2005 (Appellate Division Docket No. 2005-09114), to dismiss the cross appeal from the order dated September 21, 2005, as abandoned, and cross motion by the respondents-appellants, to strike the record and brief on the appeals from that order and the order dated June 30, 2005 (Appellate Division Docket No. 2005-07315), to vacate the stay granted by decision and order on motion of this court dated October 28, 2005, or, in the alternative, for leave to file a supplemental record and for an enlargement of time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the cross appeal from the order dated September 21, 2005 (Appellate Division Docket No. 2005-09114), is dismissed as abandoned (see 22 NYCRR 670.8[c][e]), without costs or disbursements; and it is further,
ORDERED that the branch of the cross motion which is to strike the record and brief, to vacate the stay, and for leave to file a supplemental record is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a respondent's brief is granted; and it is further,
ORDERED that the time of New York Methodist Hospital, Center for Surgical Weight Reduction, and Mohammud Ocoumi-Yazdi to serve and file a respondents' brief is enlarged until March 3, 2006, and the respondents' brief must be served and filed on or before that date.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court