| Fuchs v Long Beach Medical Center |
| Motion No: 2018-01800 |
| Slip Opinion No: 2018 NY Slip Op 72935(U) |
| Decided on May 18, 2018 |
| 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
M250295
E/afa
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2018-01800 Ava Fuchs, appellant, v Long Beach Medical Center, respondent, et al., defendants. (Index No. 11653/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered November 15, 2017, on the ground that no appeal lies from an order determining a motion in limine, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion and the respondent's application are denied as academic.
MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court