| Madrigal v Elmhurst Hospital Center |
| Motion No: 2015-11942 |
| Slip Opinion No: 2016 NY Slip Op 75048(U) |
| Decided on May 31, 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
M212281
E/ct
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2015-11942 Rafael Madrigal, appellant, v Elmhurst Hospital Center, et al., respondents, et al., defendants. (Index No. 2796/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 5, 2015, as untimely taken. Cross motion by the appellant pursuant to CPLR 5520 to deem the notice of appeal which was timely served to be timely filed, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion is granted, the notice of appeal which was timely served, is deemed timely filed, the appellant's time to perfect the appeal is enlarged until July 5, 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 the motion is denied.
LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court