| Cucalon v Staten Island University Hospital |
| Motion No: 2016-11452 |
| Slip Opinion No: 2017 NY Slip Op 70833(U) |
| Decided on April 17, 2017 |
| 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
M229517
S/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-11452, 2016-12871 Rigoberto Cucalon, appellant, v Staten Island University Hospital, et al., respondents. (Index No. 102371/11)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Richmond County, dated September 8, 2016, and an amended judgment of the same court dated September 12, 2016.
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 on the Court's own motion, the appeal from the judgment dated September 8, 2016, is dismissed, without costs or disbursements, as the judgment was superseded by the amended judgment dated September 12, 2016; and it is further,
ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the amended judgment is enlarged until July 27, 2017, the record or appendix on that appeal and the appellant's brief shall be served and filed on or before that date, and the application is otherwise denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court