Appellate Division: Second Judicial Department

M207588

J/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-02453, 2015-04309 Eliot Jhang, appellant, v Nassau University Medical Center, respondent. (Index No. 4257/14)

DECISION & ORDER ON MOTION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, entered January 28, 2015, and March 19, 2015, respectively. By order to show cause dated December 22, 2015, the appellant, inter alia, was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the right of direct appeal from the orders terminated upon entry of a final judgment in the above-entitled action on June 10, 2015 (see Matter of Aho, 39 NY2d 241). Motion by the appellant to deem the notices of appeal from the orders to be a premature notice of appeal from the judgment and, in effect, to deem the appellant's appendix and brief filed in connection with the appeals from the orders to be the appendix and brief on the appeal from the judgment.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and the motion, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals is granted to the extent that the appeal from the order entered March 19, 2015, 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 and the issues raised on the appeal from the order entered March 19, 2015, will be reviewed on the appeal from the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the appellant's motion is granted to the extent that the notice of appeal from the order entered January 28, 2015, is deemed to be a premature notice of appeal from the judgment entered June 10, 2015 (see CPLR 5520[c]), the appellant's appendix and brief filed in connection with the appeals from the orders are deemed to be the appellant's appendix and brief on the appeal from the judgment, and the appeal from the judgment will proceed under Appellate Division Docket No. 2015-02453; and it is further,

ORDERED that on or before March 28, 2016, the appellant shall remove the notice of appeal dated April 6, 2015, from the copies of the appendix on appeal on file with the Clerk of this Court, remove Appellate Division Docket Number 2015-04309 from the covers of the copies of the appendix and brief on file with this Court, and replace the CPLR 5531 statement with a corrected CPLR 5531 statement; and it is further,

ORDERED that the motions are otherwise denied as academic; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 11, 2015, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court