Plunkett v NYU Downtown Hospital
Motion No: 2004-08967
Slip Opinion No: 2006 NYSlipOp 61127(U)
Decided on January 26, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35330

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-08967

Elaine Plunkett, et al., appellants,

v NYU Downtown Hospital, respondent.

(Index No. 19607/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated September 2, 2004, which was determined by decision and order of this court dated September 19, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

SCHMIDT, J.P., SANTUCCI, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court