Manko v Lenox Hill Hospital
Motion No: 2009-02637
Slip Opinion No: 2010 NY Slip Op 62261(U)
Decided on February 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M98004

T/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2009-02637, 2009-02640

Nella Manko, appellant,

v Lenox Hill Hospital, respondent.

(Index No. 30972/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge her time to perfect appeals from two orders of the Supreme Court, Kings County, dated October 30, 2008, and December 4, 2008, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and, in effect, to confirm that she need not re-serve the brief and appendix, which were served on the respondent on December 30, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is denied as unnecessary, as the appellant's time to perfect the appeals was enlarged until February 17, 2010, by decision and order on motion of this court dated January 13, 2010; and it is further,

ORDERED that the branch of the motion which is, in effect, to confirm that the appellant need not re-serve the brief and appendix is denied; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is denied with leave to renew upon serving and filing her brief on appeal on or before February 17, 2010.

PRUDENTI, P.J., DILLON, ENG and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court