Appellate Division: Second Judicial Department

M107745

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2010-01182, 2010-07010 Joanne McGrath, appellant, v Oyster Bay Visiting Nurse Association, Inc., et al., respondents, et al., defendant. (Appeal No. 1) Joanne McGrath, appellant, v Oyster Bay Visiting Nurse Association, Inc., et al., respondents, et al., defendants. (Appeal No. 2) (Index No. 14847/06)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, entered December 28, 2009 (Appellate Division Docket No. 2010-01182), and a judgment of the same court dated February 23, 2010 (Appellate Division Docket No. 2010-07010), inter alia, to deem the notice of appeal from the judgment to be timely served and filed, to withdraw the appeal from so much of the order entered December 28, 2009 (Appellate Division Docket No. 2010-01182), as granted the motion of Oyster Bay Visiting Nurse Association and Visiting Nurse Association of Oyster Bay/Glen Cove for summary judgment, to enlarge the time to perfect the appeal from so much of the order entered December 28, 2009 (Appellate Division Docket No. 2010-01182), as granted the motion of Youth & Family Counseling of Oyster Bay for summary judgment, and to enlarge the time to perfect the appeal from the judgment. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the motion which is to deem the notice of appeal from the judgment dated February 23, 2010 (Appellate Division Docket No. 2010-07010), to be timely served and filed is denied as unnecessary as the notice of appeal from the judgment was timely served and filed; and it is further,

ORDERED that the branch of the motion which is to withdraw the appeal from so much of the order entered December 28, 2009 (Appellate Division Docket No. 2010-01182), as granted the motion of Oyster Bay Visiting Nurse Association and Visiting Nurse Association of Oyster Bay/Glen Cove for summary judgment is granted and that portion of the appeal is deemed withdrawn; and it is further,

ORDERED that the branch of the motion and so much of the application which are to enlarge the time to perfect the appeal from so much of the order entered December 28, 2009 (Appellate Division Docket No. 2010-01182), as granted the motion of Youth & Family Counseling of Oyster Bay for summary judgment are granted, the appellant's time to perfect the appeal is enlarged until November 1, 2010, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED the branch of the application which is to enlarge the time to perfect the appeal from so much of order entered December 28, 2009 (Appellate Division Docket No. 2010-01182), as granted the motion of Oyster Bay Visiting Nurse Association and Visiting Nurse Association of Oyster Bay/Glen Cove for summary judgment is denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated February 23, 2010 (Appellate Division Docket No. 2010-07010) is denied as premature; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court