| Charles L. Davis v Russell Firman, M.D. |
| Motion No: 2011-658 |
| Slip Opinion No: 2011 NY Slip Op 83276 |
| Decided on September 13, 2011 |
| 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. |
Charles L. Davis,
Appellant,
v
Russell Firman, M.D., et al.,
Respondents.
Motion, insofar as it seeks leave to appeal from the Appellate Division order of affirmance, dismissed as untimely (see CPLR 5513[b];Eaton v State of New York, 76 NY2d 824 [1990]); motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution.