D'Alessandro v Midway Nursing Home
Motion No: 2008-06124
Slip Opinion No: 2009 NY Slip Op 70731(U)
Decided on April 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85869

E/cb

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2008-06124

Katherine D'Alessandro, appellant,

v Midway Nursing Home, respondent.

(Index No. 28044/07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered June 18, 2008, and for poor person relief.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied is denied; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied as academic.

MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court