| Petralia v Glenhaven Health Care Organization |
| Motion No: 2014-04440 |
| Slip Opinion No: 2014 NY Slip Op 92193(U) |
| Decided on December 9, 2014 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M184051
E/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2014-04440, 2014-06283 John Petralia, etc., appellant, v Glenhaven Health Care Organization, etc., respondent. (Index No. 13090/11)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, entered April 1, 2014, and a judgment of the same court entered April 30, 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 (Appellate Division Docket No. 2014-04440) is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the judgment (Appellate Division Docket No. 2014-06283) is enlarged until February 2, 2015, and the record or appendix and the appellant's 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