Messiha v Staten Island University Hospital
Motion No: 2009-07228
Slip Opinion No: 2011 NY Slip Op 60754(U)
Decided on January 10, 2011
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

M113732

E/ct

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-07228, 2010-01348

Nabil Messiha, etc., appellant,

v Staten Island University Hospital, et al.,

respondents.

(Index No. 30450/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Kings County, dated May 28, 2009, and January 4, 2010, respectively, which were determined by decision and order of this Court dated October 26, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Application by the appellant to reject the opposition papers on the ground that they were untimely.

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

ORDERED that the application is granted, and the opposition papers have not been considered in the determination of this motion; and it is further,

ORDERED that the motion is denied.

MASTRO, J.P., SKELOS, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court