| Deller v Mercy Medical Center |
| Motion No: 2010-10471 |
| Slip Opinion No: 2011 NY Slip Op 69818(U) |
| Decided on April 13, 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
M118635
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2010-10471 Maxine Deller, appellant, v Mercy Medical Center, et al., respondents. (Index No. 4406/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an amended judgment of the Supreme Court, Nassau County, dated January 21, 2010, on the ground that appellate review of the amended judgment is precluded by the dismissal of a prior appeal from a judgment of the same court dated January 12, 2009, for failure to timely perfect, or alternatively, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until May 13, 2011, and the respondents' 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.
RIVERA, J.P., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court