Appellate Division: Second Judicial Department

M111081

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-01233, 2010-04287 Ekramy Mokhtar Gouda, etc., respondent, v Woodhull Medical and Mental Health Center, et al., defendants, Wyckoff Heights Medical Center, defendant third-party plaintiff-respondent- appellant; New York City Health and Hospital Corporation, third-party defendant-appellant- respondent. (Index No. 23375/04)

DECISION & ORDER ON MOTION

Motion by New York City Health and Hospital Corporation on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 21, 2009 (Appellate Division Docket No. 2010-01233), and an appeal from a judgment of the same court dated March 1, 2010 (Appellate Division Docket No. 2010-04287), to consolidate the appeals and cross appeal, and to enlarge the time to perfect the appeals and cross appeal.

ORDERED that on the court's own motion, the notice of appeal of New York City Health and Hospital Corporation from the order dated December 21, 2009 (Appellate Division Docket No. 2010-01233), is deemed to be a premature notice of appeal from the judgment dated March 1, 2010 (Appellate Division Docket No. 2010-04287) (see CPLR 5520[c]); and it is further,

ORDERED that on the court's own motion, the appeal by Wyckoff Heights Medical Center from the order dated December 21, 2009 (Appellate Division Docket No. 2010-01233), is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry of the judgment dated March 1, 2010 (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is for an enlargement is granted to the extent that New York City Health and Hospital Corporation's time to perfect the appeal from the judgment dated March 1, 2010 (Appellate Division Docket No. 2010-04287), is enlarged until December 20, 2010, and the joint record or appendix on the appeal and New York City Health and Hospital Corporation's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied as academic; and it is further,

ORDERED that Wyckoff Heights Medical Center shall serve and file its answering brief, including its points of argument on the cross appeal in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court