Appellate Division: Second Judicial Department

M183565

E/mv

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-03754, 2014-06566 Arlene Marx, etc., respondent, v Rosalind and Joseph Gurwin Jewish Geriatric Center of Long Island, etc., defendant; Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, et al., nonparty-appellants. (Index No. 117/06)

DECISION & ORDER ON MOTION

Application by the nonparty-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated January 14, 2014, and a money judgment of the same court entered May 8, 2014.

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own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the order was superseded by the money judgment (see Tomo v Episcopal Health Servs., Inc., 112 AD3d 612); and it is further,

ORDERED that the application is granted to the extent that the time to perfect the appeal from the money judgment is enlarged until January 23, 2015, the record or appendix and the nonparty-appellants' brief must be served and filed on or before that date, and the application is otherwise denied as academic.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court