Appellate Division: Second Judicial Department

M231822

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-03980 Rebecca Geffner, etc., appellant, et al., plaintiff, v Mercy Medical Center, et al., respondents, et al., defendants. (Index No. 4829/07)

DECISION & ORDER ON MOTION

Motion by the respondents Mercy Medical Center, Roy A. Rubenstein, and Eric A. Shoenfeld, separate motion by the respondents Thierry Duchatellier, Cardiology Consultants of Long Island, and Associated Cardiology Consultants P.C., and separate motion by the respondent Harte Placements, Inc., doing business as Nassau-Johrens Registry Agency, to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated February 22, 2016, on the ground that no appeal lies from a judgment entered upon the default of the appealing party or, in the alternative, to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motions and the papers filed opposition thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until June 26, 2017, and the respondents' briefs shall be served and filed on or before that date.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court