Appellate Division: Second Judicial Department

M111099

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2010-05582, 2010-05584 South Shore Neurologic Associates, P.C., appellant, v Brookhaven Magnetic Resonance Imaging, Inc., etc., et al., respondents. (Index No. 30745-09)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated March 11, 2010 (Appellate Division Docket No. 2010-05582), and May 18, 2010 (Appellate Division Docket No. 2010-05584), respectively.

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 on the Court's own motion, the appeal from the order dated May 18, 2010 (Appellate Division Docket No. 2010-05584), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated May 18, 2010, is denied as academic; and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated March 11, 2010 (Appellate Division Docket No. 2010-05582), is granted, the appellant's time to perfect that appeal is enlarged until January 18, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court