Mittman v Medical Liability Mutual Insurance Company
Motion No: 2008-00326
Slip Opinion No: 2008 NYSlipOp 62783(U)
Decided on February 5, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M65796

J/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-00326

Robert J. Mittman, etc., plaintiff, v Medical

Liability Mutual Insurance Company, defendant.

(Index No. 22111/07)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated January 10, 2008, and, in effect, to continue a temporary restraining order that was granted by an order of the same court dated December 17, 2007.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to continue a temporary restraining order is denied as academic.

SPOLZINO, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court