Chiaravalloti v St. Charles Hospital and Rehabilitation Cen
Motion No: 2010-02797
Slip Opinion No: 2010 NY Slip Op 85443(U)
Decided on October 20, 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

M109817

J/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-02797

DECISION & ORDER ON APPLICATION

Carmela Chiaravalloti, appellant-respondent,

v St. Charles Hospital and Rehabilitation

Center, respondent-appellant, et al.,

respondents.

(Index No. 19161-04)

Application by St. Charles Hospital and Rehabilitation Center pursuant to 22 NYCRR 670.8(d)(2) on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated February 3, 2010, to enlarge the time to perfect its appeal.

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

ORDERED that the appeal by Carmela Chiaravalloti is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 670.8); and it is further,

ORDERED that the application is granted; and it is further,

ORDERED that the time of St. Charles Hospital and Rehabilitation Center to perfect the appeal is enlarged until December 6, 2010, and the record or appendix on the appeal and the brief of St. Charles Hospital and Rehabilitation Center must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court