| Mount Sinai Hospital v Dust Transit, Inc. |
| Motion No: 2011-10403 |
| Slip Opinion No: 2012 NY Slip Op 83182(U) |
| Decided on August 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
M142932
E/sl
WILLIAM F. MASTRO, A.P.J.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-10403, 2011-10406 Mount Sinai Hospital, respondent, v Dust Transit, Inc., appellant. (Index No. 10715/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, entered August 31, 2012, and a judgment of the same Court, entered October 13, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal docketed under Appellate Division Docket No. 2011-10403 is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment of the same court, entered October 13, 2011 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is to enlarge time to perfect the appeal docketed under Appellate Division Docket No. 2011-10406, is granted, the appellant's time to perfect that appeal is enlarged until October 30, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ORDERED that no further enlargement of time shall be granted.
MASTRO, A.P.J., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court