| Scardace v Mid Island Hospital, Inc. |
| Motion No: 2009-03087 |
| Slip Opinion No: 2010 NY Slip Op 60683(U) |
| Decided on January 12, 2010 |
| 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
M97155
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2009-03087 Anthony Scardace, et al., plaintiffs, v Mid Island Hospital, Inc., et al., defendants; Cary Scott Goldinger, nonparty-appellant; Pollack & Kotler, nonparty-respondent. (Index No. 22223-92)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its order on application dated December 30, 2009, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the plaintiffs pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 21, 2009.
ORDERED that the application is denied as the plaintiffs are not respondents on the appeal (cf Marino v Termini, 4 AD3d 342).
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court