Appellate Division: Second Judicial Department

M54554

S/sl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-02848 Katherine D'Alessandro, appellant, v North Shore Hospital, respondent. (Action No. 1) (Index No. 43201/03) 2005-06793 Katherine D'Alessandro, etc., appellant, v Marion Charles, respondent. (Action No. 2) (Index No. 16678/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 7, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant, in effect, for leave to reargue (1) a prior motion to recall and vacate a decision and order on motion of this court dated April 10, 2006, which dismissed an appeal from an order of the Supreme Court, Kings County, dated February 28, 2005 (Appellate Division Docket No. 2005-02848), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal, which was determined by decision and order on motion dated June 16, 2006, and (2) a prior motion to recall and vacate a decision and order on motion of this court dated December 16, 2005, which dismissed an appeal from an order of the Supreme Court, Kings County, dated April 28, 2005 (Appellate Division Docket No. 2005-06793), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal, which was determined by decision and order on motion dated June 26, 2006.

Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is

ORDERED that the motion is denied.

SCHMIDT, J.P., MASTRO, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court