| Daniel v N.Y.S. Department of Health |
| Motion No: 2024-04767 |
| Slip Opinion No: 2025 NY Slip Op 65935(U) |
| Decided on April 2, 2025 |
| 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
M304022
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
WILLIAM G. FORD
PHILLIP HOM, JJ.
|
2024-04767 Jean R.A. Daniel, appellant, v N.Y.S. Department of Health, et al., respondents. (Index No. 608032/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated December 21, 2023. Motion by the appellant to waive certification of the record pursuant to 22 NYCRR 1250.7(g), to enlarge the record to include certain material, and to extend the time to perfect the appeal. By order to show cause dated December 16, 2024, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that no appeal lies from an order entered upon the default of the appealing party, and the appellant's motion was held in abeyance in the interim
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPLR 5511), without costs or disbursements; and it is further,
ORDERED that the motion by the appellant is denied as academic.
BARROS, J.P., WOOTEN, FORD and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court