Appellate Division: Second Judicial Department

M116640

T/ct

2010-08453, 2010-08458 ORDER ON APPLICATION Timothy Kayel, Jr., etc., appellant-respondent, v Zeinab M. Fath El-Bab, etc., et al., respondents-appellants, Joseph A. Spataro, etc., et al., respondents. (Appeal No. 1) Timothy Kayel, Jr., etc., plaintiff-appellant, v Zeinab M. Fath El-Bab, etc., et al., defendants, Ernst Jean Paul, Jr., etc., et al., defendants-appellants, Eastern Long Island Hospital, respondent. (Appeal No. 2) (Index No. 21594/05)

Application by Timothy Kayel, Jr., an infant by his mother and natural guardian Michelle Kayel, and separate application by Ernst Jean Paul, Jr., Scott J. Flashner, and Lawrence J. Kessler, D.O., P.C., doing business as United Emergency Physicians, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated July 21, 2010, and a judgment of the same court entered August 5, 2010. Application by Zeinab M. Fath El-Bab and Andrew H. Nataloni, and separate application by J. Gerald Quirk, Jr., Paul L. Ogburn, and University Associates in Obstetrics & Gynecology, P.C., to enlarge the time to perfect cross appeals from the order dated July 21, 2010.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the applications are granted and the time of Timothy Kayel, Jr., an infant by his mother and natural guardian Michelle Kayel, Ernst Jean Paul, Jr., Scott J. Flashner, and Lawrence J. Kessler, D.O., P.C., doing business as United Emergency Physicians to perfect the appeals is enlarged until April 28, 2011, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]), and the briefs of Timothy Kayel, Jr., an infant by his mother and natural guardian Michelle Kayel, and Ernst Jean Paul, Jr., Scott J. Flashner, and Lawrence J. Kessler, D.O., P.C., d/b/a United Emergency Physicians must be served and filed on or before that date; and it is further,

ORDERED that Zeinab M. Fath El-Bab and Andrew H. Nataloni, and J. Gerald Quirk, Jr., Paul L. Ogburn, and University Associates in Obstetrics & Gynecology, P.C., shall serve and file their respective answering briefs, including their points of argument on their cross appeals from the order dated July 21, 2010, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Matthew G. Kiernan

Clerk of the Court