| Biggs v Mary Immaculate Hospital |
| Motion No: 2007-03474 |
| Slip Opinion No: 2008 NYSlipOp 60391(U) |
| Decided on January 8, 2008 |
| 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
M64490
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
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 appellant to recall and vacate a decision and order on motion of this court dated September 25, 2007, which dismissed 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), to reinstate the appeal from the order dated September 25, 2007, and to enlarge the time to perfect the appeal from the order dated September 25, 2007. Separate motion by the appellant to recuse Justice Howard Miller from participating in the determination of these motions.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
PRUDENTI, P.J., RITTER, MILLER and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court