Appellate Division: Second Judicial Department

M176892

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2013-10054 Godfrey A. Jelks, appellant, v St. Mary's Hospital, defendant, Allen Federman, et al., respondents. (Index No. 30978/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated April 21, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent Allen Federman, inter alia, to dismiss the appeal insofar as taken against him as untimely taken.

Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent Allen Federman's motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent Allen Federman's motion which is to dismiss the appeal insofar as taken against him is granted and the appeal insofar as taken against the respondent Allen Federman is dismissed, without costs or disbursements (see CPLR 5513[a]), and the motion, is otherwise denied); and it is further,

ORDERED that the appellant's motion is granted; and it is further,

ORDERED that on the Court's own motion, the respondent Menorah Home and Hospital for the Aged and Infirmed's time to serve and file a brief is enlarged until August 11, 2014, and the respondent Menorah Home and Hospital for the Aged and Infirmed's brief must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court