Kayel v Fath El-Bab
Motion No: 2010-08453
Slip Opinion No: 2011 NY Slip Op 81670(U)
Decided on August 22, 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

M124820

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2010-08453, 2010-08458

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)

DECISION & ORDER ON MOTION

Separate motions by J. Gerald Quirk, Jr., Paul L. Ogburn, Jr., and University Associates in Obstetrics & Gynecology, P.C., and by Ernest Jean Paul, Jr., Scott J. Flashner, and Lawrence J. Kessler, D.O., P.C., to enlarge the time to perfect appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated July 21, 2010, and appeals from a judgment of the same court entered August 5, 2010.

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

ORDERED that the motions are granted and the time of Timothy Kayel, Jr., an infant by his mother and natural guardian Michelle Kayel, to perfect his appeals is enlarged until October 6, 2011, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]), and the brief of Timothy Kayel, Jr., an infant by his mother and natural guardian Michelle Kayel, 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, and Ernst Jean Paul, Jr., Scott J. Flashner, and Lawrence J. Kessler, D.O., P.C., shall serve and file a brief raising points of argument on their appeal from the judgment entered August 5, 2010, and on their cross appeal, and in response to the appeal from the order dated July 21, 2010, on or before November 10, 2011.

MASTRO, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court