Krackmalnik v Maimonides Medical Center
Motion No: 2018-08930
Slip Opinion No: 2019 NY Slip Op 68837(U)
Decided on April 24, 2019
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

M262158

E/afa

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2018-08930, 2018-08931

Esther Krackmalnik, appellant,

v Maimonides Medical Center, et al., respondents.

(Index No. 23625/07)

DECISION & ORDER ON MOTION

Motion by Morton Povman, P.C., in effect, for leave to withdraw as counsel for the appellant on appeals from an order of the Supreme Court, Kings County, dated May 2, 2018, and a transcript of proceedings which occurred on May 14, 2018, and to extend the time to perfect the appeals.

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

ORDERED that on the Court's own motion, the appeal from the transcript is dismissed, without costs or disbursements, on the ground that no appeal lies from an unsigned transcript (see Ojeda v Metropolitan Playhouse, Inc., 120 AD2d 717); and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to withdraw as counsel for the appellant on the appeal from the order dated May 2, 2018, is granted and on or before May 8, 2019, Morton Povman, P.C., shall serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that no further proceedings shall be taken against the appellant, without leave of the Court, until the expiration of 30 days after service upon the appellant of a copy of this decision and order on motion; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated May 2, 2018, is granted and the appellant's time to perfect that appeal is extended until July 7, 2019; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court