Appellate Division: Second Judicial Department

M225469

E/afaRUTH C. BALKIN, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-04613, 2017-00207 Olivia Potter, etc., appellant, v Zucker Hillside Hospital, et al., respondents. (Index No. 22548/11)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of appeal from an order of the Supreme Court, Kings County, dated January 6, 2016, to be a notice of appeal from a judgment of the same court entered April 26, 2016, and to enlarge the time to perfect an appeal. Cross motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon entry of the judgment or, in the alternative, to refer the cross motion to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

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 is deemed also to be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeals is enlarged until March 17, 2017, and the record or appendix and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,

ORDERED that respondent's cross motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

BALKIN, J.P., HALL, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court