| Rumola v Maimonides Medical Center |
| Motion No: 2009-11147 |
| Slip Opinion No: 2011 NY Slip Op 62349(U) |
| Decided on January 26, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M114568
E/sl
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2009-11147 Dawn Rumola, et al., appellants, v Maimonides Medical Center, respondent. (Index No. 13270/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2010 Calendar," dated December 1, 2010, as dismissed an appeal from an order of the Supreme Court, Kings County, dated November 21, 2008, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this Court dated December 1, 2010, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 11, 2011, and the record on appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court