Appellate Division: Second Judicial Department

M155640

S/nl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2012-10971 Robin Hudler, appellant-respondent, v Devi Reddy, etc., et al., respondents, Mercy Medical Center, respondent- appellant. (Index No. 9587/07)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 26, 2013, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Application by Mercy Medical Center pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal from an order of the Supreme Court, Nassau County, entered September 14, 2012. Application by the appellant-respondent to withdraw her appeal.

Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application by the appellant-respondent is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the application is granted and the applicant's time to perfect its appeal is enlarged until June 18, 2013, and the record or appendix on the appeal and the applicant's brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court