Juliette DeJoie Cadichon v Thomas Facelle M.D.

Motion No: 2010-969

Slip Opinion No: 2010 NY Slip Op 85989

Decided on October 26, 2010

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed the August 26, 2008 Supreme Court order, treated as a motion for reconsideration of so much of this Court's July 1, 2010 order as dismissed plaintiffs' appeal as of right from that portion of the Appellate Division order, granted, and, upon reconsideration, jurisdiction of so much of the appeal retained; motion, insofar as it seeks leave to appeal from the above-recited part of the Appellate Division order dismissed as unnecessary; motion, insofar as it seeks leave to appeal from the remainder of the Appellate Division order dismissed upon the ground that it does not finally determine the action within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from the amended judgment of Supreme Court pursuant to CPLR 5602(a)(1)(ii), dismissed upon the ground that the portion of the Appellate Division order that affirmed the August 26, 2008 Supreme Court order is a final appealable paper from which an appeal was properly taken (see CPLR 5611); appeal from the amended judgment dismissed without costs, by the Court, on its own motion, upon the ground that the portion of the Appellate Division order that affirmed the August 26, 2008 Supreme Court order is a final appealable paper from which an appeal was properly taken (see CPLR 5611), in a memorandum.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.