| Wisman v Staten Island University Hospital |
| Motion No: 2006-08236 |
| Slip Opinion No: 2007 NYSlipOp 86580(U) |
| Decided on December 17, 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
M63389
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 his appeal 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 his appeal, and for leave to withdraw that appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, so much of the decision and order on motion of this court dated August 28, 2007, as dismissed the defendant-appellant's appeal, is recalled and vacated, and that appeal is marked withdrawn.
SCHMIDT, J.P., GOLDSTEIN, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court