Appellate Division: Second Judicial Department

M67905

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-04523, 2007-04524 Karen Deadwyler, et al., appellants, v North Shore University Hospital at Plainview, etc., et al., respondents. (Index No. 7442/04)

DECISION & ORDER ON MOTION

Separate motions by the respondents North Shore University Hospital at Plainview and Francesco Tenti and the respondents Blas Royo, H.I.P. Medical Center, and Andres Ruppert to dismiss appeals from two orders of the Supreme Court, Nassau County, dated February 23, 2007, and April 20, 2007, respectively, on the grounds that no appeal lies from an order which denies a motion for reargument and no appeal lies from a transcript, or to enlarge the time to serve and file their briefs.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal from the order dated April 20, 2007, on the ground that no appeal lies from an order denying reargument are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their briefs are granted, the respondents' time to serve and file their briefs is enlarged until April 18, 2008, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court