| Volmar v North Shore Hospital |
| Motion No: 2010-07013 |
| Slip Opinion No: 2010 NY Slip Op 92014(U) |
| Decided on December 29, 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
M113222
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-07013 Myrlande Volmar, appellant, v Norh Shore Hospital, respondent. (Index No. 07-019629)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated August 19, 2010, which dismissed an appeal from an order of the Supreme Court, Nassau County, dated June 10, 2010, on the ground that no appeal lies from an order entered upon the default of the appealing party (see Marino v Termini, 4 AD3d 342), for poor person relief and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court