| Wall v Flushing Hospital Medical Center |
| Motion No: 2009-10993 |
| Slip Opinion No: 2010 NY Slip Op 73262(U) |
| Decided on June 2, 2010 |
| 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
M103745
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-10993, 2010-04594 Daniel R. Wall, appellant, v Flushing Hospital Medical Center, et al., respondents. (Index No. 810/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to deem the notice of an appeal from an order of the Supreme Court, Queens County, entered October 14, 2009 (Appellate Division Docket No. 2009-10993), pursuant to CPLR 5512(a) and 5520(c) to be a premature notice of appeal from a judgment entered October 29, 2009 (Appellate Division Docket No. 2010-04594).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order entered October 14, 2009, is also deemed to be a notice of appeal from the judgment entered October 29, 2009 (see CPLR 5501[c]); and it is further,
ORDERED that the motion is denied as academic.
SANTUCCI, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court