Rivera v Lutheran Medical Center
Motion No: 2008-11519
Slip Opinion No: 2009 NYSlipOp 61439(U)
Decided on January 21, 2009
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

M81290

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-11519

Felix Rivera, respondent, v Lutheran Medical

Center, et al., defendants; Morgan, Lewis &

Bockius, LLP, nonparty-appellant.

(Index No. 22050/05)

DECISION & ORDER ON MOTION

Motion by Morgan, Lewis & Bockius, LLP, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 16, 2008.

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

ORDERED that the motion is denied as unnecessary as the order is appealable as of right; and it is further,

ORDERED that the motion papers are deemed to be a timely notice of appeal (see CPLR 5520[b]).

PRUDENTI, P.J., DILLON, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court