Appellate Division: Second Judicial Department

M67940

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-08459, 2007-10496 Kimberly Liew, etc., et al., plaintiffs, v New York University Medical Center, defendant third-party plaintiff-appellant; Juan B. Gabriel, Jr., etc., et al., third-party defendants-respondents. (Index No. 10449/04)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-respondents to strike the name of the nonparty organ donor from the record on appeals from two orders of the Supreme Court, Queens County, dated May 29, 2007, and October 17, 2007, respectively, to strike the autopsy report of the organ donor, and to strike the papers submitted to the Supreme Court, Queens County, in connection with the order dated October 17, 2007, on the ground that no appeal lies from an order denying reargument.

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 to strike the name of the nonparty organ donor from the record is granted and on or before April 3, 2008, the appellant shall delete or remove the name of the nonparty organ donor from pages 12, 20, 23, 25, 101, and 138, of the copies of the record on appeal filed with the Clerk of the court; and it is further,

ORDERED that the branches of the motion which are to strike the autopsy report of the organ donor and to strike the papers submitted to the Supreme Court, Queens County, in connection with the order dated October 17, 2007, are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court