| Manko v Lenox Hill Hospital |
| Motion No: 2009-03661 |
| Slip Opinion No: 2011 NY Slip Op 80796(U) |
| Decided on August 11, 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. |
Appellate Division: Second Judicial Department
M122136
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2009-03661, 2009-04744 Nella Manko, appellant, v Lenox Hill Hospital, respondent. (Index No. 30972/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, both dated January 22, 2009, inter alia, in effect, for leave to reargue her prior motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix filed in connection with the appeal pending under Appellate Division Docket No. 2009-03661, which was determined by decision and order on motion of this Court dated September 8, 2010, as amended by decisions and orders on motion of this Court dated February 14, 2011, dated March 4, 2011, and for leave to file a supplemental appendix with respect to the appeal pending under Appellate Division Docket No. 2009-04744.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, for leave to reargue the appellant's prior motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix filed in connection with the appeal pending under Appellate Division Docket No. 2009-03661 is granted, and, upon reargument, the second decretal paragraphs of the decisions and orders on motion of this Court dated September 8, 2010, and February 14, 2011, as well as the decision and order on motion of this Court dated March 4, 2011, are recalled and vacated, and the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix filed in connection with the appeal pending under Appellate Division Docket No. 2009-03661 is granted, without prejudice to the respondent moving to strike portions of the appellant's appendix on the ground that it contains matter dehors the record, if it be so advised; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court