Appellate Division: Second Judicial Department

M155272

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-11023 MRI Enterprises, Inc., appellant-respondent, v Comprehensive Medical Care of New York, P.C., respondent-appellant. (Index No. 1636/08)

DECISION & ORDER ON MOTION

Motion by Comprehensive Medical Care of New York, P.C., inter alia, to dismiss the appeal taken by MRI Enterprises, Inc., on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered August 29, 2012, to strike the joint record and brief filed by MRI Enterprises, Inc., and to enlarge the time to perfect its appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal taken by MRI Enterprises, Inc., is dismissed, as MRI Enterprises, Inc., is not aggrieved by the judgment (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to strike the joint record and brief filed by MRI Enterprises, Inc., is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal by Comprehensive Medical Care of New York, P.C., is granted, the time of Comprehensive Medical Care of New York, P.C., to perfect its appeal is enlarged until July 2, 2013, and the record or appendix on the appeal and the brief of Comprehensive Medical Care of New York, P.C., must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court