Matter of Kelly v State University of New York Stony Brook University
2026 NY Slip Op 68652(U)
May 20, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
In the Matter of Michael Kelly, appellant,
v
State University of New York Stony Brook University Hospital, respondent.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 20, 2026
2025-05351, 629984/2024
Francesca E. Connolly, J.P.
Paul Wooten
Janice A. Taylor
Lisa S. Ottley, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated April 2, 2025, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant 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 motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before June 22, 2026, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., WOOTEN, TAYLOR and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court