Appellate Division: Second Judicial Department

M97619

J/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-02910 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 on an appeal from an order of the Supreme Court, Richmond County, dated February 24, 2009, for leave to reargue those branches of a prior motion which were for the assignment of counsel, for free transcripts, for waiver of the filing fee, to file less than nine copies of her briefs, to waive the binding requirement, for leave to file her briefs by fax transmission, and to participate at oral argument by telephone conference, which were decided by decision and order on motion dated October 15, 2009, and for leave to serve and file an oversized brief.

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 reargue so much of the decision and order dated October 15, 2009, as determined that branch of the appellant's prior motion which was for free transcripts is denied as unnecessary as no minutes were taken in connection with the order dated February 24, 2009; and it is further,

ORDERED that the branches of the motion which are to reargue so much of the decision and order on motion dated October 15, 2009, as determined those branches of the appellant's prior motion which were to file less than nine copies of the brief, to waive the determined binding requirement, for leave to file briefs by fax transmission, are denied with leave to renew upon documentation that the appellant is disabled and homebound; and it is further,

ORDERED that the branches of the motion which are to reargue so much of the decision and order on motion dated October 15, 2009, as determined those branches of the appellants' prior motion which were for the assignment of counsel and to participate at oral argument by telephone conference are denied; and it is further,

ORDERED that branch of the motion which for leave to serve and file an oversized brief is denied with leave to make an application pursuant to 22 NYCRR 670.10.3(e) when the brief is prepared; and it is further,

ORDERED that 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 June 3, 2010.

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court