Appellate Division: Second Judicial Department

M209362

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, 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 appellant on appeals from an order of the Supreme Court, Nassau County, entered April 23, 2015, and a judgment of the same court entered May 28, 2015, to enlarge the time to comply with a decision and order on motion of this Court dated January 19, 2016. Cross motion by the respondents to dismiss the appeals for failure to comply with the decision and order on motion of this Court dated January 19, 2016, or, in the alternative, to enlarge the time to serve and file a brief.

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 cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and on or before May 6, 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 no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals is denied on condition that the appellant comply with the above decretal paragraph extending the time to comply with the decision and order on motion of this Court dated January 19, 2016; and it is further,

ORDERED that in the event that the appellant fails to comply with the decision and order on motion of this Court dated January 19, 2016, the Court, on its own motion, may dismiss the appeals, without further notice, or the respondents may move to dismiss the appeals, on three days notice; 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 June 6, 2016, and the respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court