O'Neill v St. Francis Hospital
Motion No: 2015-07852
Slip Opinion No: 2015 NY Slip Op 94168(U)
Decided on December 18, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M203430

E/ct

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-07852

Jean O'Neill, etc., appellant,

v St. Francis Hospital, respondent,

et al., defendants.

(Index No. 601172/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated December 10, 2014, as untimely taken. Application by the appellant 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 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 the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the application is denied as academic.

BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court