| Ajifowobaje v Astramed Physicians, P.C. |
| Motion No: 2008-05632 |
| Slip Opinion No: 2009 NYSlipOp 69567(U) |
| Decided on April 14, 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
M85147
E/cb
PETER B. SKELOS, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2008-05632, 2008-06423, 2009-00072
Julius Ajifowobaje, etc., et al., appellants, v Astramed Physicians, P.C., et al., defendants- respondents, Mercy Medical Center, defendant third-party plaintiff-respondent, et al., defendants; Abdul Mundia, third-party defendant-respondent. (Index No. 15426/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, entered May 2, 2008, to enlarge the time to perfect the appeal from a judgment of the same court entered May 27, 2008, and to consolidate the appeal from the judgment with an appeal from an order of the same court entered November 18, 2008. Separate cross motions by the respondents Astramed Physicians, P.C., and Kevin Lowe, the respondent Ahmed Elkoulily, and the defendant third-party plaintiff-respondent, Mercy Medical Center, to dismiss the appeals on the ground, inter alia, that the time to perfect the appeals has expired.
Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to withdraw the appeal from the order entered May 2, 2008 (Appellate Division Docket No. 2008-05632), is granted and that appeal is marked withdrawn; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment entered May 27, 2008 (Appellate Division Docket No. 2008-06423), is granted and the appellants' time to perfect that appeal is enlarged until June 23, 2009; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the cross motions are denied.
SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court