| Shallash v New Island Hospital |
| Motion No: 2008-05259 |
| Slip Opinion No: 2009 NYSlipOp 66185(U) |
| Decided on March 11, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M83503
E/cb
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2008-05259, 2009-00828 Anthony Shallash, et al., appellants, v New Island Hospital, et al., respondents.
(Index No. 5267/01)
| DECISION & ORDER ON MOTION |
Separate motions by the respondent New Island Hospital and the respondent Anthony Carlisi to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 15, 2008 (Appellate Division Docket No. 2008-05259), on the ground that the order has been rendered academic by an order of the same court dated January 2, 2009 (Appellate Division Docket No. 2009-00828).
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the respondents' time to serve and file their briefs on the appeal from the order entered May 15, 2008 (Appellate Division Docket No. 2008-05259), is enlarged until April 10, 2009, and the respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that on the court's own motion, on or before April 10, 2009, the appellants shall perfect their appeal from the order dated January 2, 2009 (Appellate Division Docket No. 2009-00828).
DILLON, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court