| Biggs v Mary Immaculate Hospital |
| Motion No: 2007-03474 |
| Slip Opinion No: 2007 NYSlipOp 78984(U) |
| Decided on September 25, 2007 |
| 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
M60124
E/nl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
THOMAS A. DICKERSON, JJ.
|
2007-03474 Constance Biggs, etc., appellant, v Mary Immaculate Hospital, et al., respondents. (Index No. 23806/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent Jean Phillippe and separate motion by the respondents Mary Immaculate Hospital, St. Vincent's Medical Center, and Catholic Medical Center of Brooklyn and Queens, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, dated January 19, 2007, on the ground that the issues to be raised on the appeal are precluded by the determination of a prior appeal from a judgment of the same court entered January 8, 2002 (see Biggs v Mary Immaculate Hosp., 303 AD2d 702).
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.
MILLER, J.P., RITTER, GOLDSTEIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court