| Hervey v Northern Westchester Hospital |
| Motion No: 2020-06510 |
| Slip Opinion No: 2021 NY Slip Op 63846(U) |
| Decided on March 29, 2021 |
| 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
M276359
E/sl
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
PAUL WOOTEN, JJ.
|
2020-06510 Marie Hervey, etc., appellant, v Northern Westchester Hospital, respondent. (Index No. 62470/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated June 29, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
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 pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is granted and the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Westchester County, entered November 6, 2020 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., HINDS-RADIX, DUFFY and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court