Appellate Division: Second Judicial Department

M127692

E/nl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-03661, 2009-04744 Nella Manko, appellant, v Lenox Hill Hospital, respondent. (Index No. 30972/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, both dated January 22, 2009, inter alia, in effect, for leave to reargue her prior motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix filed in connection with the appeal pending under Appellate Division Docket No. 2009-03661, which was determined by decision and order on motion of this Court dated September 8, 2010, as amended by decisions and orders on motion of this Court dated February 14, 2011, and March 4, 2011, and to enlarge the time to serve and file a reply brief with respect to the appeal pending under Appellate Division Docket No. 2009-03661.

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

ORDERED that the branch of the motion which is, in effect, for leave to reargue the appellant's prior motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix filed in connection with that appeal pending under Appellate Division Docket No. 2009-03661 is denied as unnecessary as that relief was granted by decision and order on motion of this Court dated August 11, 2011; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief with respect to the appeal pending under Appellate Division Docket No. 2009-03661 is granted, the appellant's time to serve and file a reply brief is enlarged until November 14, 2011, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court