Lillian Arias, etc. v N. Y. City Health & Hosps. Corp. (Kings County Hosp. Center)

Lillian Arias, etc. v N. Y. City Health & Hosps. Corp. (Kings County Hosp. Center)
Motion No: 2008-1376
Slip Opinion No: 2009 NYSlipOp 63548
Decided on February 17, 2009
Court of Appeals Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.



Lillian Arias, etc.,

Appellant,


v

New York City Health and Hospitals Corporation (Kings County Hospital Center),

Respondent.

Motion, insofar as it seeks leave to appeal from the April 2008 Appellate Division order, dismissed as untimely (see CPLR 5513[b]); motion, insofar as it seeks leave to appeal from the October 2008 Supreme Court judgment, dismissed upon the ground that it is not a final judgment within the meaning of CPLR 5602(a)(1)(ii) to bring up for review the April 2008 Appellate Division order that finally determined a separate special proceeding (see Karger, Powers of the New York Court of Appeals § 5:28, at 187-188 [3d ed rev]).