Appellate Division: Second Judicial Department

M205005

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-07566, 2016-00363 Tessa F. Bethune, appellant, v Nassau University Medical Center, et al., respondents, et al., defendants. (Index No. 10750/14)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered April 23, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment on May 28, 2015, in the above-entitled action, or, in the alternative, to enlarge the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Separate application by the defendants Dora Lupo, Lora Corde, and Shanna Llewellyn pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]), and on or before February 10, 2016, the appellant shall serve and file a supplemental appendix containing the judgment and an affirmation limiting the issues raised on the appeal from the judgment to the issues raised in connection with the appeal from the order dated April 23, 2015, and acknowledging that the brief filed on the appeal from the order shall stand as the brief on the appeal from the judgment; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief and the application by the respondents are granted, the respondents' time to serve and file a brief is enlarged until April 11, 2016, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the application by the defendants Dora Lupo, Lora Corde, and Shanna Llewellyn is denied as those parties are not respondents on the appeal.

DICKERSON, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court