| Schenk v Staten Island University Hospital |
| Motion No: 2009-02910 |
| Slip Opinion No: 2012 NY Slip Op 74855(U) |
| Decided on May 31, 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. |
Appellate Division: Second Judicial Department
M138604
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2009-02910 Carolyn Schenk, appellant, v Staten Island University Hospital, et al., respondents, et al., defendant. (Index No. 11938/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated February 24, 2009. Cross motion by the respondents to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., BALKIN, ENG and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court