| Stewart v Vassar Brothers Hospital |
| Motion No: 2009-00211 |
| Slip Opinion No: 2009 NY Slip Op 79661(U) |
| Decided on August 3, 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
M90199
S/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
RUTH C. BALKIN
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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 27, 2009, in the above-entitled case, which referred a motion to dismiss the appeal to the panel of Justices hearing the appeal, is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 denied as academic in light of the decision and order of this court dated July 31, 2009, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2009 Calendar", which dismissed the above-entitled appeal for failure to perfect.
RIVERA, J.P., MILLER, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court