Appellate Division: Second Judicial Department

M266565

kbp/

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2019-00568 Joseph H. Christophe, appellant, v DSS Urological SVC, et al., respondents. (Index No. 14079/15)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 15, 2018. Cross motion by the respondents DSS Urological SVC and David Schnapp to dismiss the appeal for failure to timely perfect and on the ground that the right of direct appeal from the order dated October 15, 2018, terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Queens County, entered December 21, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order dated October 15, 2018, is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,

ORDERED that the motion is granted, the appellant's time to perfect the appeal is extended until October 29, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

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

ORDERED that the cross motion is denied.

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court