| NORA ALMONTASER, INDIVIDUALLY AND AS THE ADMINISTRATOR OF THE ESTATE OF SELLAH ALMONTASER, DECEASED, CLAIMANT- V |
| Motion No: CA 23-00042 and CA 23-01009 |
| Slip Opinion No: 2024 NY Slip Op 74304(U) |
| Decided on September 5, 2024 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 23-00042 and CA 23-01009
| NORA ALMONTASER, INDIVIDUALLY AND AS THE ADMINISTRATOR OF THE
ESTATE OF SELLAH ALMONTASER, DECEASED, CLAIMANT-APPELLANT, V ROSWELL PARK CANCER INSTITUTE CORPORATION, DOING BUSINESS
AS ROSWELL PARK CANCER INSTITUTE, DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of appeal No. 1 (CA 23-00042) and for an extension of time to perfect the appeal on appeal No. 2 (CA 23-01009) in the appeals taken herein from an order of the Court of Claims, entered December 8, 2022 and May 12, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 1 (CA 23-00042) is granted on the condition that the appeal is perfected on or before November 6, 2024, and
It is further ORDERED that the motion for an extension of time to perfect appeal No. 2 (CA 23-01009) is denied without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1250.10 [c]).
Entered: September 5, 2024
Ann Dillon Flynn
Clerk of the Court