| Badley v North Shore University Hospital |
| Motion No: 2009-03366 |
| Slip Opinion No: 2009 NY Slip Op 72263(U) |
| Decided on May 12, 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. |
Appellate Division: Second Judicial Department
M86499
E/cb
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-03366, 2009-03368
Sukhram Badley, respondent, v North Shore University Hospital, et al., defendants, Jamaica Hospital Medical Center, appellant. (Index No. 8436/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Queens County, entered October 23, 2008, and an order of the same court entered March 12, 2009, on the ground that the appeals were untimely taken.
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 dismiss the appeal from the judgment entered October 23, 2008 (Appellate Division Docket No. 2009-03368), is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order entered March 12, 2009 (Appellate Division Docket No. 2009-03366), is denied.
SPOLZINO, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court