| Stewart v New York Hospital Queens |
| Motion No: 2018-13805 |
| Slip Opinion No: 2020 NY Slip Op 61044(U) |
| Decided on January 13, 2020 |
| 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
M268817
kbp/
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY, JJ.
|
2018-13805, 2018-13806 Michael Stewart, appellant, v New York Hospital Queens, et al., defendants, Meadow Park Rehabilitation and Health Care Center, LLC, respondent. (Index No. 2060/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c), to vacate dismissal of appeals from two orders of the Supreme Court, Queens County, dated August 13, 2018, and August 14, 2018, respectively, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeals. Cross motion by the respondent to dismiss the appeals for failure to timely perfect.
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 the motion is denied; and it is further,
ORDERED that the cross motion is denied as unnecessary as the appeals have been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
RIVERA, J.P., BALKIN, LEVENTHAL and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court