| Rodriguez v Evans |
| Motion No: 2015-04266 |
| Slip Opinion No: 2016 NY Slip Op 69328(U) |
| Decided on April 5, 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. |
Appellate Division: Second Judicial Department
M209359
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2015-04266, 2015-05494 David Rodriguez, appellant, v Steven Evans, et al., respondents. (Index No. 19837/09)
| DECISION & ORDER ON MOTION |
Separate motions by the respondent Steven Evans and the respondent St. Francis Hospital to dismiss appeals from two orders of the Supreme Court, Suffolk County, dated February 26, 2015, and April 6, 2015, respectively, for failure to timely perfect. Cross motion by Vera Gretchyn Marino for leave to withdraw as counsel for the appellant on the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion by the respondent Steven Evans and the papers filed in opposition and in relation thereto, upon the papers filed in support of the motion by the respondent St. Francis Hospital and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, and on or before April 20, 2016, Vera Gretchyn Marino shall serve her client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon him of a copy of this decision and order on motion; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 6, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motions are denied.
LEVENTHAL, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court