Wisman v Staten Island University Hospital
Motion No: 2006-08236
Slip Opinion No: 2007 NYSlipOp 80587(U)
Decided on October 12, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M60962

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-08236

Jack Wisman, etc., et al., plaintiffs-appellants,

v Staten Island University Hospital, respondent,

Francis Martingano, etc., defendant-appellant,

et al., defendants.

(Index No. 14300/96)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant to recall and vacate so much of a decision and order on motion of this court dated August 28, 2007, as dismissed appeals from an order of the Supreme Court, Richmond County, dated August 4, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., GOLDSTEIN, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court