Appellate Division: Second Judicial Department

M93148

E/sl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2009-02910, 2009-03744, 2009-03745 Carolyn Schenk, appellant, v Staten Island University Hospital, et al., respondents, et al., defendant. (Index No. 11938/01)

DECISION & ORDER ON MOTION

Motion by the appellant to reinstate appeals from an order of the Supreme Court, Richmond County, dated May 19, 2008 (Appellate Division Docket No. 2009-03744), and a judgment of the same court dated May 21, 2008 (Appellate Division Docket No. 2009-03745), which were dismissed by a decision and order on motion of this court dated August 5, 2009, for poor person relief with respect to those appeals, as well as an appeal from an order of the same court dated February 24, 2009 (Appellate Division Docket No. 2009-02910), for leave to file less than nine copies of her brief, to waive the binding requirement, to participate at oral argument by telephone conference, and to enlarge the time to perfect those appeals.

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 reinstate appeals from the order dated May 19, 2008 (Appellate Division Docket No. 2009-03744), and the judgment dated May 21, 2008 (Appellate Division Docket No. 2009-03745), is denied; and it is further,

ORDERED that the branches of the motion which are for poor person relief, for leave to file less than nine copies of the appellant's brief, and to waive the binding requirement with respect to appeals from the order dated May 19, 2008 (Appellate Division Docket No. 2009-03744), and the judgment dated May 21, 2008 (Appellate Division Docket No. 2009-03745), and to enlarge the time to perfect those appeals are denied as academic; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated February 24, 2009 (Appellate Division Docket No. 2009-02910), on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee, for free transcripts, and for the assignment of counsel, for leave to file less than nine copies of the appellant's brief, to participate at oral argument by telephone conference, and to waive the binding requirement with respect to the appeal from the order dated February 24, 2009, are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated February 24, 2009 (Appellate Division Docket No. 2009-02910), is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until January 21, 2010.

SANTUCCI, J.P., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court