George v New York and Presbyterian Hospital
Motion No: 2007-00345
Slip Opinion No: 2008 NYSlipOp 83540(U)
Decided on September 18, 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

M75989

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

JOHN M. LEVENTHAL, JJ.

2007-00345, 2007-08797

Eulalia George, et al., appellants,

v New York and Presbyterian Hospital, et al.,

respondents, et al., defendants.

(Index No. 33550/05)

DECISION & ORDER ON MOTION

Motion by the appellants to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2008 Calendar," dated March 4, 2008, as dismissed an appeal from an order of the Supreme Court, Kings County, dated November 20, 2006, pursuant to 22 NYCRR 670.8(e), to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2008 Calendar," dated June 18, 2008, as dismissed an appeal from an order of the Supreme Court, Kings County, dated June 21, 2007, pursuant to 22 NYCRR 670.8(e), to reinstate the appeals, and to enlarge the time to perfect 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.

SPOLZINO, J.P., FLORIO, MILLER and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court