Hofstra University v Nassau County
Motion No: 2015-10981
Slip Opinion No: 2016 NY Slip Op 85425(U)
Decided on September 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M218089

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2015-10981, 2016-02859

Hofstra University, appellant,

v Nassau County, etc., et al., respondents.

(Action No. 1)

St. Francis Hospital, et al., appellants,

v Nassau County, et al., respondents.

(Action No. 2)

Board of Education of East Meadow Union

Free School District, et al., appellants,

v County of Nassau, et al., respondents,

et al., defendants.

(Action No. 3)

(Index Nos. 3203/11, 3335/11, 3075/11)

DECISION & ORDER ON MOTION

Motion by the appellants Hofstra University, St. Francis Hospital, St. Francis Research and Educational Corp., WSNCHS North Inc., doing business as St. Joseph's Hospital and Mercy Medical Center, Chaminade High School, Holy Trinity Diocesan High School, Kellenberg Memorial High School, Our Lady of Mercy Academy, and St. Dominic Parish & Schools to consolidate appeals from an order of the Supreme Court, Nassau County, entered August 17, 2015, and an amended order of the same court entered October 5, 2015, and to enlarge the time to perfect the appeals.

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 on the Court's own motion, the notices of appeal from the order entered August 17, 2015, are deemed to be premature notices of appeal from the amended order entered October 5, 2015 (see CPLR 5520[c]), and those appeals will proceed under Appellate Division Docket No. 2016-02859; and it is further,

ORDERED that the motion is granted to the extent that the time to perfect the appeals from the amended order entered October 5, 2015, is enlarged until October 14, 2016, the joint record or appendix and the appellants' briefs must be served and filed on or before that date, and the motion is otherwise denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court