Appellate Division: Second Judicial Department

M83076

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-00077 Community Hospital at Dobbs Ferry, et al., respondents, v Antonia Novello, etc., et al., appellants. (Index No. 06-24650)

DECISION & ORDER ON MOTION

Appeal by the defendants from an order of the Supreme Court, Westchester County, November 27, 2007. By decision and order on motion dated February 28, 2008, this court granted the appellants' motion to vacate or modify a preliminary injunction contained in an order of the same court dated July 10, 2007, to the extent of vacating so much of the preliminary injunction as precluded the respondents from taking preliminary steps toward closure of the subject hospital, except the revocation of the subject hospital's operating permit, pending hearing and determination of the appeal. The appeal has not been perfected and the appellants have not sought an enlargement of time to do so.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that so much of the order dated February 28, 2008, as vacated so much of the preliminary injunction as precluded the respondents from taking preliminary steps toward closure of the subject hospital, except the revocation of the subject hospital's operating permit, pending hearing and determination of the appeal, is vacated forthwith.

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

ENTER:

James Edward Pelzer

Clerk of the Court