Opinion
2012-06650 Index No. 30972/04 M159985
07-29-2013
Nella Manko, appellant, v. Lenox Hill Hospital, respondent.
, P.J.
MARK C. DILLON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 18, 2012, for poor person relief, for the assignment of counsel, and to waive the motion filing fee. Separate motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order denying reargument.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is to waive the motion filing fee is denied as unnecessary; and it is further,
ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the appellant's motion is otherwise denied as academic; and it is further,
ORDERED that the respondent's motion is denied as academic.
ENG, P.J., DILLON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court