Kayel v Fath El-Bab
Motion No: 2010-08453
Slip Opinion No: 2011 NY Slip Op 72318(U)
Decided on May 10, 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

M119136

E/sl

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)

Applications pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross 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.

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 June 27, 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., doing business as 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, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENTER:

Matthew G. Kiernan

Clerk of the Court