Appellate Division: Second Judicial Department

M122374

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-02910 Carolyn Schenk, appellant, v Staten Island University Hospital, et al., respondents, et al., defendant. (Index No. 11938/01)

DECISION & ORDER ON MOTION

Motion by the respondents to recall and vacate a decision and order on motion of this Court dated March 7, 2011, on an appeal from an order of the Supreme Court, Richmond County, dated February 24, 2009, for leave to renew their prior motion to dismiss the appeal for failure to timely perfect, or to direct the appellant to perfect the appeal by a date certain. Cross motion by the appellant to be furnished with the transcript of the proceedings, without charge.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated March 7, 2011, is amended by adding to the first decretal paragraph thereof following the word "enlarged," the words "and the appellant's time to perfect the appeal by delivering her brief to the Clerk of this Court, or his designee, at her home address is enlarged until September 28, 2011," and the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court