Whether the Appellate Division, Second Department, violated the New York State Constitution's separation of powers doctrine by permitting a late appeal and granting relief to the non-appealing party

QUESTION PRESENTED: 1. Whether the Appellate Division, Second Department, part of the New York State Judiciary, violated the State Constitution’s separation of powers doctrine by having acted in the place and stead of the Legislative branch of the government, when it effectively amended the strictest of all its Civil Practice Rules and Law by ° permitting Defendant to litigate his appeal despite the fact that he filed a three months late notice of appeal, and then, it impermissibly, allowed him to appear and argue not only the merits of the dental malpractice action, but to obtain affirmative relief as well, something only the New York State Legislature had the power and authority to have enacted? i . (b) LIST OF ALL