| Care v Montefiore New Rochelle Hospital |
| Motion No: 2019-03104 |
| Slip Opinion No: 2019 NY Slip Op 86001(U) |
| Decided on December 13, 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
M268118
kbp/
ALAN D. SCHEINKMAN, P.J.
SYLVIA O. HINDS-RADIX
BETSY BARROS
PAUL WOOTEN, JJ.
|
2019-03104 Rosella Care, appellant, v Montefiore New Rochelle Hospital, et al., respondents. (Index No. 57715/18)
| DECISION & ORDER ON MOTION |
Motion by the respondent Montefiore New Rochelle Hospital, inter alia, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated February 26, 2019, on the ground that no appeal lies from an order entered upon the default of the appealing party, or, in the alternative, to extend the time to serve and file a brief. Separate motion by the appellant to waive the filing fee.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the respondent's motion which is to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the respondent's motion is otherwise denied as academic; and it is further,
ORDERED that the appellant's motion is denied as academic.
SCHEINKMAN, P.J., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court