Stewart v Vassar Brothers Hospital
Motion No: 2009-00211
Slip Opinion No: 2009 NYSlipOp 65096(U)
Decided on February 27, 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

M83047

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2009-00211

Charles A. Stewart, etc., appellant,

v Vassar Brothers Hospital, et al., respondents.

(Index No. 07-9730)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Orange County, dated November 14, 2008, 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 motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., RITTER, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court