North Shore Univ. Hosp. At Manhasset v Kathleen Demartino Individually & As Parent and/or Legal Guardian of Sabrina Demartino
Motion No: 2010-01516 nc
Slip Opinion No: 2011 NY Slip Op 70158(U)
Decided on April 8, 2011
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-1516 N C
North Shore University Hospital at Manhasset, Respondent, v Kathleen DeMartino Individually and as Parent and/or Legal Guardian of Sabrina DeMartino, Appellant.

Motion by respondent to dismiss an appeal from an order of the District Court of Nassau County, First District, entered June 2, 2010, for failure to prosecute. Separate motion by appellant for an enlargement of time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition to appellant's motion, it is

ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion is denied; and it is further,

ORDERED that appellant's motion is granted and the appeal shall be perfected by May 6, 2011; and it is further,

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ORDERED that in the event the appeal is not perfected on or before May 6, 2011, the court on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk

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