| Montemurro v Memorial Sloan-Kettering Cancer Center |
| Motion No: 2010-05404 |
| Slip Opinion No: 2011 NY Slip Op 66795(U) |
| Decided on March 14, 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
M116926
E/sl
JOSEPH COVELLO, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-05404 Lina Montemurro, appellant, v Memorial Sloan-Kettering Cancer Center, et al., defendants, Memorial Hospital for Cancer, et al., respondents. (Index No. 25647/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to vacate the dismissal of an appeal from an order of the Supreme Court, Queens County, entered April 6, 2010, 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 opposition thereto, it is
ORDERED that the branches of the motion which are to vacate the dismissal and reinstate the appeal are denied as unnecessary as the appeal has not been dismissed; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 11, 2011, and the record or appendix on the appeal and the appellant's 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.
COVELLO, J.P., ENG, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court