Grizzle v New York City Health and Hospitals Corporatio
Motion No: 2010-10157
Slip Opinion No: 2011 NY Slip Op 71918(U)
Decided on May 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M119582

T/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2010-10157

Conrad E. Grizzle, appellant,

v New York City Health and Hospitals

Corporation, respondent, et al., defendants.

(Index No. 30832/08)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 21, 2010.

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

ORDERED that on the Court's own motion, 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-April 2011 Calendar," dated April 26, 2011, as dismissed the above-entitled appeal pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 26, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., BALKIN, ENG and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court