Appellate Division: Second Judicial Department

M212811

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2015-11712 In the Matter of Sarah Kirsch, petitioner-respondent, v State of New York, et al., appellants, et al., respondent. (Appeal No. 1) (Index No. 31630/13

DECISION & ORDER ON MOTION

2015-12523

In the Matter of Sarah Kirsch, appellant,

v State of New York, et al., respondents.

(Appeal No. 2)

(Index No. 4115/14)

2016-02557

In the Matter of Sarah Kirsch, appellant-respondent,

v State of New York, et al., respondents-appellants.

(Appeal No. 3)

(Index No. 31630/13)

Motion by State of New York, State University of New York at Stony Brook, Stony Brook School of Medicine, and Kenneth Kaushansky, in effect, to recall and vacate so much of the decision and order on motion of this Court dated April 14, 2016, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated October 16, 2015 (Appellate Division Docket No. 2015-11712), or, in the alternative, for leave to appeal to this Court from that order. Cross motion by Sarah Kirsch for leave to appeal to this Court from two orders of the same court, one dated October 16, 2015 (Appellate Division Docket No. 2015-12523), and one dated November 5, 2015 (Appellate Division Docket No. 2016-02557), to consolidate the appeals, and for an expedited briefing schedule.

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

ORDERED that the branches of the cross motion which are for leave to appeal to this Court from the second order dated October 16, 2015, and the order dated November 5, 2015, are granted; and it is further,

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this Court dated April 14, 2016, as dismissed the appeal from the first order dated October 16, 2015 ( Appellate Division Docket No. 2015-11712), and for leave to appeal from that order are granted, so much of the decision and order on motion of this Court dated April 14, 2016, as dismissed that appeal is recalled and vacated, the notice of appeal from that order is deemed to be a premature notice of cross appeal from the order dated November 5, 2015 (see CPLR 5520[c]), and State of New York, State University of New York at Stony Brook, Stony Brook School of Medicine and Kenneth Kaushansky are granted leave to cross appeal from that order; and it is further,

ORDERED that the branch of the cross motion which is to consolidate the appeals is granted, and the parties shall file 10 copies of the record or appendix and their respective briefs; and it is further,

ORDERED that on the Court's own motion, Sarah Kirsch's time to perfect the appeals from the order dated October 16, 2015 (Appellate Division Docket No. 2015-12523) and the order dated November 5, 2015, is enlarged until August 26, 2016, the joint record or appendix (see 22 NYCRR 670.8[c][1]) and her brief must be served and filed on or before that date, and State of New York, State University of New York at Stony Brook, Stony Brook School of Medicine and Kenneth Kaushansky shall serve and file their answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the cross motion is otherwise denied.

LEVENTHAL, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court