PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NOS. CA 10-02146 AND CA 10-02147

TINA M. HOLSTEIN, PLAINTIFF-RESPONDENT, V COMMUNITY GENERAL HOSPITAL OF GREATER SYRACUSE, DEFENDANT-APPELLANT.

Respondent having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 24, 2010 (Appeal No. 1), and July 7, 2010 (Appeal No. 2.), on the ground that appellant has failed to perfect timely the appeals, and appellant having cross-moved for an extension of time to perfect the aforementioned appeals,

Now, upon reading and filing the affidavit of Jeff D. DeFrancisco, Esq. sworn to October 22, 2010, the affirmation of Myra I. Packman, Esq. dated November 2, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss Appeal No. 1 is granted and Appeal No. 1 is dismissed without further order unless Appeal No. 1 is perfected on or before February 11, 2011, and

It is further ORDERED that Appeal No. 2 is dismissed (see Kelley v Kronenberg, 2 AD3d 1406; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; see also CPLR 5501 [a] [1]), and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: December 13, 2010

Patricia L. Morgan, Clerk