Appellate Division: Second Judicial Department

M75730

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-02416 Tara Colao, respondent-appellant, v St. Vincent's Medical Center, etc., et al., appellants-respondents, Stanley Stos, et al., respondents, et al., defendants. (Index No. 10980/04)

DECISION & ORDER ON MOTION

Motion by St. Vincent's Medical Center, in effect, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from an amended order of the Supreme Court, Kings County, dated March 7, 2008. Application by Tara Colao, in effect, to enlarge the time to perfect the appeals and cross appeal.

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

ORDERED that on the court's own motion, the notices of appeal and a notice of cross appeal from an order of the Supreme Court, Kings County, dated February 11, 2008, are deemed to be notices of appeal and a notice of cross appeal from the amended order dated March 7, 2008 (see CPLR 5512); and it is further,

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

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeals is enlarged until November 14, 2008, and the joint record or appendix on the appeals and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court