Comprehensive Care of NY, P.C. v Romero
Motion No: 2011-09667
Slip Opinion No: 2012 NY Slip Op 70430(U)
Decided on April 17, 2012
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

M136096

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-09667, 2011-09668

Comprehensive Care of NY, P.C., respondent,

v Manuel A. Romero, P.C., appellant.

(Index No. 32153/00)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated June 10, 2011, and September 6, 2011, respectively.

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

ORDERED that on the Court's own motion the appeal from the order dated June 10, 2011 (Appellate Division Docket No. 2011-09667), is dismissed, without costs or disbursements, as that order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701); and it is further,

ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated September 6, 2011, is granted and the appellant's time to perfect the appeal is enlarged until June 5, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application is otherwise denied as academic.

SKELOS, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court