Sisters of Charity Health Care System Nursing Home, Inc.
Motion No: 2007-09001
Slip Opinion No: 2008 NYSlipOp 65220(U)
Decided on February 29, 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

M67005

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2007-09001, 2007-11613

Sisters of Charity Health Care System Nursing

Home, Inc., etc., appellant, v Jack Miceli, D.D.S.,

P.C., respondent.

(Index No. 103896/06)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Richmond County, dated August 21, 2007, and November 21, 2007, respectively, to vacate or modify a decision and order on motion of this court dated January 31, 2008, which granted the appellant's motion, in effect, to stay enforcement of the order dated November 21, 2007, pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court