| Randolph v Westchester Medical Center |
| Motion No: 2011-09785 |
| Slip Opinion No: 2012 NY Slip Op 76170(U) |
| Decided on June 14, 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
M139213
T/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-09785 David Randolph, appellant, v Westchester Medical Center, respondent. (Index No. 10-23588)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to reargue the respondent's prior motion to dismiss an appeal from an order of the Supreme Court, Westchester County, entered July 1, 2011, as untimely taken, which was determined by decision and order on motion of this Court dated January 9, 2012, and to reinstate the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and upon reargument, the order dated January 9, 2012, is recalled and vacated, the respondent's motion to dismiss the appeal is denied, the appeal is reinstated, the appellant's time to perfect the appeal is enlarged until August 13, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court