Appellate Division: Second Judicial Department

M137170

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2010-00960, 2011-02603 Nella Manko, appellant, v Aetna Health, Inc., et al., respondents. (Index No. 10501/09)

DECISION & ORDER ON MOTION

Motion by the respondent Lenox Hill Hospital, in effect, to dismiss appeals from two orders of the Supreme Court, Kings County, dated December 15, 2009, and December 13, 2010, respectively, insofar as taken against it on the ground that the appendix is inadequate or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the appellant pro se, inter alia, to waive the motion filing fee, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion by the respondent Lenox Hill Hospital which is, in effect, to dismiss the appeals insofar as taken against it is denied on condition that on or before June 4, 2012, the appellant serve and file a supplemental appendix containing the papers filed by Lenox Hill Hospital in support of the motion that was determined by the order dated December 15, 2009; and it is further,

ORDERED that the branch of the motion by the respondent Lenox Hill Hospital which is to enlarge the time to serve and file a brief is granted, and the time of the respondent Lenox Hill Hospital to serve and file a brief is enlarged until July 5, 2012, and the brief of the respondent Lenox Hill Hospital, if any, must be served and filed on or before that date; and it is further,

ORDERED that the branch of the appellant's motion which is to waive the motion filing fee is denied as unnecessary (see 22 NYCRR 670.22[a][2]); and it is further,

ORDERED that the appellant's motion is otherwise denied.

DILLON, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court