Opinion
Motion No: 2011-09205 2012-00983 2012-06994 Index No. 12052/09 M141758
08-08-2012
James Fritz, etc., et al., respondents, v. Dmitriy Burman, et al., appellants. (Appeal No. 1) James Fritz, et al., appellants, v. Dmitriy Burman, et al., respondents. (Appeal Nos. 2 & 3)
, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by James Fritz and Jennifer Fullerton-Fritz to dismiss appeals from an order of the Supreme Court, Nassau County, entered August 17, 2011, on the ground that they have been rendered academic, or to enlarge the time to serve and file a brief. Separate motion by Mercy Medical Center to dismiss an appeal from an order of the same court entered December 6, 2011, insofar as taken against it, in effect, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered January 12, 2012.
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 on the Court's own motion, the notice of appeal from the order entered December 6, 2011, is deemed to also be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeals from the order entered August 17, 2011, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the time of James Fritz and Jennifer Fullerton-Fritz to serve and file a respondent's brief in connection with the appeals from the order entered August 17, 2011, is enlarged until September 7, 2012, and the brief must be served and filed on or before that date; and it is further,
ORDERED that the motion to dismiss the appeal from the order entered December 6, 2011, insofar as taken against Mercy Medical Center is held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that on the Court's own motion, James Fritz and Jennifer Fullerton-Fritz must perfect their appeal from the judgment entered January 12, 2012, on or before September 4, 2012.
BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court