Manko v Lenox Hill Hospital
Motion No: 2009-02637
Slip Opinion No: 2009 NY Slip Op 91148(U)
Decided on December 14, 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

M95959

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-02637, 2009-02640, 2009-03661

2009-04744, 2009-07602

Nella Manko, appellant,

v Lenox Hill Hospital, respondent.

(Index No. 30972/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from five orders of the Supreme Court, Kings County, dated October 30, 2008, December 4, 2008, and January 22, 2009 (two orders), and May 15, 2009, respectively, returnable November 27, 2009, (1) to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, (2) to subpoena, inter alia, the minutes of the proceedings on January 24, 2008, and (3) to direct the Supreme Court, Kings County, to determine certain motions. Separate motion by the appellant initiated by an order to show cause of a Justice of this court dated November 13, 2009, returnable November 30, 2009, for the same relief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion returnable November 27, 2009, is denied; and it is further,

ORDERED that the motion returnable November 30, 2009, is dismissed for failure to properly serve it.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court