Appellate Division: Second Judicial Department

M144263

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2012-00835 Pearl Robinson, appellant, v New York City Health and Hospitals Corporation, respondent. (Index No. 20108/09)

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, Queens County, dated December 5, 2011. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal. By order to show cause dated August 29, 2012, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the order dated December 5, 2011, was entered upon the appellant's default, and the motion and the application were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motion and the application are denied as academic.

DILLON, J.P., BALKIN, LEVENTHAL, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court