Appellate Division: Second Judicial Department

M112356

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-11623 Myrlande Volmar, appellant, v North Shore Hospital, respondent. (Index No. 19629/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 16, 2009, and for poor person relief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal. By order to show cause dated September 23, 2010, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appeal had been rendered academic based on an order of the Supreme Court, Nassau County, dated June 10, 2010, which granted a motion to dismiss the complaint, and the motion and the application were held in abeyance in the interim. Separate application by the appellant to adjourn the return date of the order to show cause for 30 days so that she may file papers in response to the order to show cause.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the appellant's application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal, and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's application to adjourn the return date of the order to show cause and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's application to adjourn the return date of the order to show cause is granted, the return date of the motion is adjourned until December 6, 2010, and the papers submitted by the appellant in response to the order to show cause are accepted for filing; and it is further,

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed on the ground that the appeal has been rendered academic based on an order of the Supreme Court, Nassau County, dated June 10, 2010, which granted a motion to dismiss the complaint; and it is further,

ORDERED that the appellant's motion and the appellant's application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal are denied as academic.

DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court