| Moog v City of New York |
| Motion No: 2005-05489 |
| Slip Opinion No: 2006 NYSlipOp 63070(U) |
| Decided on February 21, 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. |
Appellate Division: Second Judicial Department
M36146
T/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-05489 Frances Moog, etc., appellant, v City of New York, defendant, Staten Island University Hospital, et al., respondents. (Index No. 11711/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated May 12, 2005, for leave to reargue a motion to strike the respondents' brief on the ground that it refers to matter dehors the record and for a preference in the calendaring of the appeal, which was determined by decision and order on motion of this court dated December 2, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to reargue the branch of the prior motion which was to strike the respondents' brief on the ground that it refers to matter dehors the record is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to reargue the branch of the prior motion which was for a preference in the calendaring of the appeal is denied as academic, as the appeal will be placed on the submission calendar shortly.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court