| Westchester Medical Center, a/a/o Forthmuller v Progressi |
| Motion No: 2007-04177 |
| Slip Opinion No: 2007 NYSlipOp 74828(U) |
| Decided on August 2, 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
M57871
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2007-04177 Westchester Medical Center, a/a/o Michael Forthmuller, etc., appellant, v Progressive Casualty Insurance Company, respondent. (Index No. 010488/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated April 5, 2007, on the ground that the paper appealed from is a decision from which no appeal lies. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 4, 2007, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court