Appellate Division: Second Judicial Department

M58984

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-08236 Jack Wisman, etc., et al., plaintiffs-appellants, v Staten Island University Hospital, respondent, Francis Martingano, etc., defendant-appellant, et al., defendants. (Index No. 14300/96)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant, joined by the plaintiffs-appellants, on appeals from an order of the Supreme Court, Richmond County, dated August 4, 2006, inter alia, in effect, to amend so much of a decision and order on motion of this court, dated June 5, 2007, as conditioned a stay of all proceedings in the above-entitled action on condition that the appeals are perfected on or before July 20, 2007, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that so much of the decision and order on motion of this court dated June 5, 2007, as granted a stay is vacated; and it is further,

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[e]).

SCHMIDT, J.P., GOLDSTEIN, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court