Appellate Division: Second Judicial Department

M76190

S/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-02043, 2008-02985, 2008-03716 Helen Krisilas, appellant, v Mount Sinai Hospital, et al., defendants, Damien Kim, et al., respondents. (Index No. 26963/06)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated January 28, 2008, and February 29, 2008, respectively, and a judgment of the same court dated February 25, 2008.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal from the order dated February 29, 2008 (Appellate Division Docket No. 2008-03716), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see Marino v Termini, 4 AD3d 342); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated January 28, 2008, and the judgment is granted and the appellant's time to perfect those appeals is enlarged until October 27, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court