| Berde v North Shore-Long Island Jewish Health System, In |
| Motion No: 2006-07663 |
| Slip Opinion No: 2007 NYSlipOp 71703(U) |
| Decided on June 18, 2007 |
| 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
M56076
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2006-07663 Virginia Phylis Berde, appellant-respondent, v North Shore-Long Island Jewish Health System, Inc., etc., respondent-appellant. (Index No. 15320/04)
| DECISION & ORDER ON MOTION |
Motion by Virginia Phylis Berde to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered June 26, 2006.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the cross appeal is dismissed, without costs or disbursements, on the ground that the branch of the motion which was for an award of an attorney's fee remains pending and undecided (see Katz v Katz, 68 AD2d 536, 543); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that Virginia Phylis Berde's time to perfect the appeal is enlarged until August 15, 2007, and the record or appendix on the appeal and Virginia Phylis Berde's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., MASTRO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court