Oyibo v Huntington Hospital Medical Center
Motion No: 2018-05514
Slip Opinion No: 2019 NY Slip Op 75477(U)
Decided on July 18, 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

M264549

kbp/

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2018-05514

Usman Oyibo, appellant, v Huntington

Hospital Medical Center, et al., respondents.

(Index No. 605438/15)

DECISION & ORDER ON MOTION

2018-10991

Usman Oyibo, appellant, v Huntington

Hospital Medical Center, et al., respondents.

(Index No. 605438/15)

Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Nassau County, dated March 30, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to consolidate that appeal with an appeal from an order of the same court, entered August 13, 2018, for leave to prosecute the appeals as a poor person, and to extend the time to perfect the appeals.

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 the branch of the motion which is to vacate the dismissal of the appeal dated March 30, 2018, is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order entered August 13, 2018, as a poor person is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order entered August 13, 2018, is granted, and the time to perfect that appeal is extended until August 19, 2019; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court