| Fuchs v Long Beach Medical Center |
| Motion No: 2018-06119 |
| Slip Opinion No: 2019 NY Slip Op 76233(U) |
| Decided on July 29, 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. |
Appellate Division: Second Judicial Department
M264832
E/mm
CHERYL E. CHAMBERS, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2018-06119 Ava Fuchs, appellant, v Long Beach Medical Center, et al., respondents, et al., defendants. (Index No. 11653/07)
| DECISION & ORDER ON MOTION |
2018-12768
Ava Fuchs, appellant, v Long Beach Medical
Center, et al., respondents, et al., defendants.
(Index No. 11653/07)
Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a judgment of the Supreme Court, Nassau County, entered March 29, 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 14, 2018, and to extend the time to perfect the appeals. Cross motion by the respondents to confirm that the appeal from the judgment is deemed dismissed and to dismiss the appeal from the order on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the judgment is denied; and it is further,
ORDERED that the branches of the motion which are to consolidate the appeals and to extend the time to perfect the appeal from the judgment are denied as academic; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order is granted, the appellant's time to perfect that appeal is extended until August 28, 2019; and it is further,
ORDERED that the branch of the cross motion which is to confirm that the appeal from the judgment is deemed dismissed is denied as unnecessary; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
CHAMBERS, J.P., DUFFY, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court