Appellate Division: Second Judicial Department

M154541

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-09785 David Randolph, appellant, v Westchester Medical Center, respondent. (Index No. 10-23588)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 29, 2011, and, in effect, for free transcripts and to waive the filing fee. Cross motion by the respondent, inter alia, 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 granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until January 28, 2014; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court