Opinion
Motion No: 2010-00960 2011-02603 Index No. 10501/09 M134170
03-02-2012
Nella Manko, appellant, v. Aetna Health, Inc., et al., respondents.
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motions by the appellant on appeals from two orders of the Supreme Court, Kings County, dated December 15, 2009, and December 13, 2010, respectively, inter alia, in effect, for leave to reargue her motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, and her separate motion to enlarge the time to perfect the appeals, which were determined by decision and order on motion of this Court dated July 25, 2011, for leave to prosecute the appeals as a poor person and for the assignment of counsel, and for leave to attach certain exhibits to her brief on the appeals. Separate motions by the respondent Lenox Hill Hospital and the respondent Dana A. Mannor to enlarge the time to serve and file their respective briefs. Application by the respondent Lenox Hill Hospital pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its brief.
Upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto, the papers filed in support of the respondents' motions, and no papers having been filed in opposition or in relation thereto, and the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions by the respondent Lenox Hill Hospital and the respondent Dana A. Mannor and the application by the respondent Lenox Hill Hospital are granted, and the time of the respondents Lenox Hill Hospital and Dana A. Mannor to serve and file their respective briefs is enlarged until April 2, 2012, and the briefs of the respondents Lenox Hill Hospital and Dana A. Mannor must be served and filed on or before that date; and it is further,
ORDERED that the branches of the appellant's motions which are for leave to reargue her motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix, and her separate motion to enlarge the time to perfect the appeals are granted, the motions are otherwise denied, the decision and order on motion of this Court dated July 25, 2011, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated December 15, 2009, and December 13, 2010, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Separate motion by the appellant, inter alia, to enlarge the time to perfect the appeals. Separate applications by the respondent Lenox Hill Hospital, the respondent Dana Mannor, and the respondent Aetna Health, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to serve and file their respective briefs.
Upon the papers filed in support of the motions, and no papers having been filed in opposition or relation thereto, and the papers filed in support of the applications, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is denied as unnecessary, as the appellant's appendix and brief were timely served and filed, and that motion is otherwise denied; and it is further,
ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,
ORDERED that the applications of the respondent Lenox Hill Hospital and the respondent Dana Mannor are granted, and those respondents' time to serve and file their respective briefs is enlarged until April 2, 2012, and those respondents' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the application of the respondent Aetna Health, Inc., is denied as unnecessary, as that respondent's brief has been timely served and filed.
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court