Opinion
Motion No: 2011-01846 2011-05247 Index No. 20633/03 M131749
01-17-2012
Marion Miceli, appellant, v. Clearview Nursing Home, respondent.
, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, entered January 14, 2011, and April 6, 2011, respectively, inter alia, to dismiss the appeal from the order entered January 14, 2011, on the ground that Frank A. Andrea III had no authority to file a notice of appeal on behalf of the deceased plaintiff, Marion Miceli.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal from the order entered January 14, 2011 (Appellate Division Docket No. 2011-01846), is dismissed, without costs or disbursements (see Hyman v Booth Memorial Hospital, 306 AD2d 438); and it is further,
ORDERED that on the Court's own motion, the appeal from the order entered April 6, 2011 (Appellate Division Docket No. 2011-05247), is dismissed, without costs or disbursements (see Hyman v Booth Memorial Hospital, 306 AD2d 438).
BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court