Appellate Division: Second Judicial Department

M212136

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-05931 Muriel Stroll, etc., appellant, v Long Island Jewish Medical Center, respondent. (Index No. 700032/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered April 30, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled proceeding or for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that on the Court's own motion, the notice of appeal from the order entered April 30, 2015, is deemed to be a premature notice of appeal from a judgment of the Supreme Court, Queens County, entered May 28, 2015 (see CPLR 5520[c]); and it is further,

ORDERED that the cross motion is granted, the appellant's time to perfect the appeal is enlarged until July 25, 2016, and the record or appendix 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.

RIVERA, J.P., COHEN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court