| Geffner v Mercy Medical Center |
| Motion No: 2012-03903 |
| Slip Opinion No: 2013 NY Slip Op 83974(U) |
| Decided on August 30, 2013 |
| 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
M161568
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-03903 Rebecca Geffner, etc., appellant, v Mercy Medical Center, et al., respondents. (Index No. 4829/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents Harte Placements, Inc., doing business as Nassau-Johrens Registry Agency, Eileen Harte, and Samuel Harte to dismiss an appeal from an order of the Supreme Court, Queens County, entered February 28, 2012, on the ground that it has been rendered academic or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondents Mercy Medical Center, Roy A. Rubenstein, and Eric Shoenfeld to dismiss the appeal on the ground that it has been rendered academic. Cross motion by the appellant, in effect, to preclude the respondents Harte Placements, Inc., doing business as Nassau-Johrens Registry Agency, Eileen Harte, and Samuel Harte from filing a brief, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the respondents Harte Placements, Inc., doing business as Nassau-Johrens Registry Agency, Eileen Harte, and Samuel Harte which is to dismiss the appeal and the separate motion by the respondents Mercy Medical Center, Roy A. Rubenstein, and Eric Shoenfeld for that relief are denied; and it is further,
ORDERED that the branch of the motion by the respondents Harte Placements, Inc., doing business as Nassau-Johrens Registry Agency, Eileen Harte, and Samuel Harte which is to enlarge the time to serve and file a brief is granted, the time of those respondents to serve and file a brief is enlarged until October 3, 2013, and their brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until October 18, 2013, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is otherwise denied.
MASTRO, J.P., SKELOS, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court