Appellate Division: Second Judicial Department

M167715

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-02917, 2013-03691, 2013-03705, 2013-04132, 2013-04442, 2013-04744, 2013-09795 Rebecca Geffner, etc., appellant, v Mercy Medical Center, et al., respondents. (Index No. 4829/07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from five orders of the Supreme Court, Queens County, entered January 17, 2013, January 24, 2013, February 4, 2013 (two orders), and February 14, 2013, respectively, and a judgment of the same court entered March 14, 2013, for leave to dispense with reproducing the exhibits, and for leave to prosecute the appeals on the original records. Cross motion by the respondents Mercy Medical Center, Roy A. Rubenstein, and Eric A. Shoenfeld to consolidate those appeals, as well as an appeal from an order of the same court entered August 5, 2013. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals from the orders entered January 17, 2013, February 4, 2013, and February 14, 2013, and the judgment entered March 14, 2013.

Upon the papers filed in support of the motion and the cross 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 on the Court's own motion, the appeal from the order entered August 5, 2013 (Appellate Division Docket No. 2013-09795), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals and the applications are granted, the appellant's time to perfect the appeals from the orders entered January 17, 2013, January 24, 2013, February 4, 2013 (two orders), and February 14, 2013, respectively, and the judgment entered March 14, 2013, is enlarged until March 20, 2014; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

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

ORDERED that the branch of the cross motion which is to consolidate the appeal from the order entered August 5, 2013, with the remaining appeals is denied as academic; and it is further,

ORDERED that the branch of the cross motion which is to consolidate the remaining appeals is denied without prejudice to the appellant consolidating those appeals as of right, if she be so advised (see 22 NYCRR 670.7[c][1]).

SKELOS, J.P., BALKIN, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court