Nyack Hospital v Oak Hill Cemetery
Motion No: 2016-04987
Slip Opinion No: 2017 NY Slip Op 70877(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M229355

E/afa

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-04987, 2016-07525

Nyack Hospital, appellant, v Oak Hill Cemetery,

defendant third-party plaintiff-respondent,

Greater Hudson Valley Engineering & Land

Surveying, PC, et al., defendants-respondents,

et al., defendants; Cal Mart Enterprises, Inc.,

third-party defendant-respondent.

(Index No. 32602/14)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Rockland County, dated May 11, 2016, and June 16, 2016, respectively.

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 appeal from the order dated June 16, 2016, is dismissed, without costs or disbursements, on the ground that the appellant is not aggrieved by that order (see CPLR 5511); and it is further,

ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal from the order dated May 11, 2016, is enlarged until May 17, 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 motion is otherwise denied as academic.

HALL, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court