| Miceli v Clearview Nursing Home |
| Motion No: 2011-01846 |
| Slip Opinion No: 2012 NY Slip Op 61329(U) |
| Decided on January 17, 2012 |
| 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
M131749
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2011-01846, 2011-05247 Marion Miceli, appellant, v Clearview Nursing Home, respondent. (Index No. 20633/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, entered January 14, 2011, and April 6, 2011, respectively, inter alia, to dismiss the appeal from the order entered January 14, 2011, on the ground that Frank A. Andrea III had no authority to file a notice of appeal on behalf of the deceased plaintiff, Marion Miceli.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal from the order entered January 14, 2011 (Appellate Division Docket No. 2011-01846), is dismissed, without costs or disbursements (see Hyman v Booth Memorial Hospital, 306 AD2d 438); and it is further,
ORDERED that on the Court's own motion, the appeal from the order entered April 6, 2011 (Appellate Division Docket No. 2011-05247), is dismissed, without costs or disbursements (see Hyman v Booth Memorial Hospital, 306 AD2d 438).
BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court