Opinion
Motion No: 2015-11942
05-31-2016
Rafael Madrigal, appellant, v. Elmhurst Hospital Center, et al., respondents, et al., defendants.
M212281
E/ct
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
(Index No. 2796/14)
DECISION & ORDER ON MOTION
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 5, 2015, as untimely taken. Cross motion by the appellant pursuant to CPLR 5520 to deem the notice of appeal which was timely served to be timely filed, and to enlarge 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 cross motion is granted, the notice of appeal which was timely served, is deemed timely filed, the appellant's time to perfect the appeal is enlarged until July 5, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is denied.
LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court