Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & N
Motion No: 2011-05991
Slip Opinion No: 2011 NY Slip Op 93010(U)
Decided on December 19, 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

M130459

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2011-05991

Baker, Sanders, Barshay, Grossman, Fass,

Muhlstock & Neuworth, LLC, plaintiffs-

respondents, v Comprehensive Mental

Assessment & Medical Care, P.C., et al.,

appellants, Robert Baker, et al., defendants-

respondents.

(Index No. 16008/07)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated May 10, 2011, to vacate a decision and order on motion of this Court dated November 2, 2011, which dismissed stated portions of the appeal, to reinstate those portions of the appeal, and to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are to vacate the decision and order on motion of this Court dated November 2, 2011, and reinstate the dismissed portions of the appeal are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the remainder of the appeal is granted, the appellants' time to perfect the appeal is enlarged until February 17, 2012, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court