Appellate Division: Second Judicial Department

M218087

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2016-00895 Rebecca Geffner, etc., appellant, v Mercy Medical Center, et al., respondents, et al., defendants. (Index No. 4829/07)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered December 1, 2015. By order to show cause dated July 15, 2016, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal had not been granted, and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court