| Eugenia Falcone As Ex'x of Estate of Joseph Falcone, Deceased, & Eugenia Falcone v Staten Is. Univ. Hosp. & Frank Rosell, M.D. |
| Motion No: 2013-01809 ric |
| Slip Opinion No: 2013 NY Slip Op 89525(U) |
| Decided on October 10, 2013 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Eugenia Falcone as Executrix of the Estate of Joseph Falcone, Deceased, and Eugenia Falcone, Appellant, v Staten Island University Hospital and Frank Rosell, M.D., Respondents. |
Separate motions by respondents Frank Rosell and Staten Island University Hospital, respectively, to dismiss an appeal from a decision of the Civil Court of the City of New York, Richmond County, dated February 28, 2013, for failure to perfect. Cross motion by appellant to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court entered April 25, 2012, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motions and cross motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions and cross motion are consolidated for the purposes of disposition; and it is further,
ORDERED that respondents' motions are denied on condition that the appeal be perfected by January 3, 2014; and it is further,
ORDERED that the branch of the cross motion seeking to deem the notice of appeal from the decision dated February 28, 2013 to be a premature notice of appeal from the judgment entered April 25, 2012 is granted (see CPLR 5520 [c]); and it is further,
ORDERED that the branch of the cross motion seeking an enlargement of time to perfect the appeal is denied as unnecessary (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.8 [a]).
ENTER:
Paul Kenny
Chief Clerk