| Silver v Silver |
| Motion No: 2016-04642 |
| Slip Opinion No: 2016 NY Slip Op 94747(U) |
| Decided on December 19, 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
M223074
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2016-04642, 2016-12923 Jackie Silver, appellant, v Jennifer Silver, et al., respondents. (Index No. 705471/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent Jennifer Silver to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 7, 2016, as untimely taken. Separate motion by the respondents Zucker Hillside Hospital, North Shore/Long Island Jewish Health System/EMS, and North Shore/Long Island Jewish Health System ER to dismiss the appeal as untimely taken and on the ground that the right of direct appeal from the order dated March 7, 2016, terminated upon entry of a judgment of the same court on April 19, 2016. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition 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 and the branch of the separate motion which are to dismiss the appeal as untimely taken are denied; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry of the judgment is granted and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal from the judgment is enlarged until February 14, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
DILLON, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court