Appellate Division: Second Judicial Department

M167422

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-09473 New York State Nurses Association, et al., respondents-appellants, v New York State Department of Health, et al., appellants-respondents. (Index No. 5814/13)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents State University of New York, Trustees of State University of New York, State University of New York Downstate Medical Center, State University of New York Downstate Medical Center Council, and John F. Williams to dismiss a cross appeal from an order of the Supreme Court, Kings County, dated October 11, 2013. Application by New York State Nurses Association, 1199 SEIU United Healthcare Workers East, Concerned Physicians of LICH, LLC and Carl Biers to deem their notice of cross appeal from the order to be an application for leave to cross appeal.

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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, the notice of cross appeal is deemed to be an application for leave to cross appeal, and leave to cross appeal is granted; and it is further,

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

ORDERED that the time of New York State Nurses Association, 1199 SEIU United Healthcare Workers East, Concerned Physicians of LICH, LLC and Carl Biers to serve and file a brief is enlarged until January 13, 2014, and those parties' brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court