| Phelps v Nassau County Medical Center |
| Motion No: 2009-04186 |
| Slip Opinion No: 2010 NY Slip Op 79793(U) |
| Decided on August 17, 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
M107105
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2009-04186 Claude Phelps, appellant, v Nassau County Medical Center, etc., respondent. (Index No. 1071/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 7, 2009, for poor person relief, for the assignment of counsel, and to waive the filing fee.
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 appeal 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 the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this court; and it is further,
ORDERED that the branches of the motion which are for poor person relief, for the assignment of counsel, and to waive the filing fee are denied as academic.
DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court