| Hernandez v Lutheran Medical Center |
| Motion No: 2006-03085 |
| Slip Opinion No: 2006 NYSlipOp 82134(U) |
| Decided on December 18, 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
M48426
E/sl
DAVID S. RITTER, J.P.
ROBERT A. SPOLZINO
ROBERT J. LUNN
DANIEL D. ANGIOLILLO, JJ.
|
2006-03085 Maria Ofelia Nino de Hernandez, etc., appellant, v Lutheran Medical Center, et al., defendants, Raymond Barry Walsh, etc., respondents (Index No. 13826/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents and separate motion by the defendant Ruben Toribio to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 6, 2006, on the ground that no appeal lies from an order granting a motion in limine.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are granted, and the appeal is dismissed, without costs or disbursements, without prejudice to raising the issue on the appeal from the judgment (see Scope v Federated Department Stores, 26 AD3d 226).
RITTER, J.P., SPOLZINO, LUNN and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court