| J. (Anonymous) v Long Island Surgi-Center |
| Motion No: 2005-04976 |
| Slip Opinion No: 2007 NYSlipOp 87582(U) |
| Decided on December 28, 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
M64248
E/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2005-04976 Randi A. J. (Anonymous), respondent, v Long Island Surgi-Center, appellant. (Index No. 14150-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent and cross motion by the appellant for leave to reargue stated portions of an appeal from a judgment of the Supreme Court, Suffolk County, entered April 27, 2005, which was determined by opinion and order of this court dated September 25, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this court.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion and cross motion which are for leave to reargue are denied; and it is further,
ORDERED that the branches of the motion and cross motion which are for leave to appeal to the Court of Appeals are denied on the ground that leave may not be granted from a nonfinal order of this court that grants a new trial or hearing (see CPLR 5601[c], 5602[b][1]; Maynard v Greenberg, 82 NY2d 913).
CRANE, J.P., KRAUSMAN, FISHER, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court