Appellate Division: Second Judicial Department

M192426

E/ct

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2014-10077 MOTION Ahmed Elkoulily, M.D., P.C, appellant- respondent, et al., plaintiff, v New York State Catholic Healthplan, Inc., doing business as Fidelis Care, et al., respondents- appellants. (Index No. 8852/13)

DECISION & ORDER ON

Motion by Ahmed Elkoulily, M.D., P.C,, and Ahmed Elkoulily on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated July 15, 2014, in effect, to deem the notice of appeal filed on behalf of Ahmed Elkoulily, M.D., P.C, to also be a notice of appeal on behalf of Ahmed Elkoulily, and to deem the notice of appeal amended nunc pro tunc. Application by Ahmed Elkoulily, M.D., P.C, and Ahmed Elkoulily pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the application is granted to the extent that the time of Ahmed Elkoulily, M.D., P.C,, to perfect the appeal is enlarged until July 20, 2015, and the joint record or appendix on the appeal and cross appeal (see 22 NYCRR 670.8[c][1]) and its brief must be served and filed on or before that date, and the application is otherwise denied; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

LEVENTHAL, J.P., COHEN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court