Appellate Division: Second Judicial Department

M61027

E/sl

REINALDO E. RIVERA, J.P.

GABRIEL M. KRAUSMAN

ANITA R. FLORIO

MARK C. DILLON, JJ.

2007-00005 Estate of Sarah A. Megna, etc., appellant, v University Hospital Glen Cove Medical Staff, etc., et al., respondents. (Index No. 1179/05)

DECISION & ORDER ON MOTION

Motion by the respondent University Hospital Glen Cove Medical Staff to dismiss an appeal from an order of the Supreme Court, Nassau County, dated October 2, 2006, for failure to timely perfect the appeal or on the ground that the appellant does not have standing to pursue the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is to dismiss the appeal for failure to timely perfect is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules and prior orders of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant does not have standing to pursue the appeal is denied as academic; and it is further,

ORDERED that the application is denied.

RIVERA, J.P., KRAUSMAN, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court