Weiss v Schnurmacher Center for Rehabilitation and Nursi
Motion No: 2014-04399
Slip Opinion No: 2016 NY Slip Op 67169(U)
Decided on March 15, 2016
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

M208154

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX, JJ.

2014-04399

Philip G. Weiss, etc., respondent, v Schnurmacher

Center for Rehabilitation and Nursing, appellant.

(Index No. 56274/12)

2015-07990

Philip G. Weiss, etc., appellant, v Schnurmacher

Center for Rehabilitation and Nursing, respondent.

(Index No. 56274/12)

DECISION & ORDER ON MOTION

Motion by Schnurmacher Center for Rehabilitation and Nursing on appeals from two orders of the Supreme Court, Westchester County, dated March 25, 2014, and August 18, 2015, respectively, to stay the trial in the above-entitled action pending hearing and determination of the appeal from the order dated March 25, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated August 18, 2015, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court