Smith v Haym Salomon Home for the Aged
Motion No: 2011-05160
Slip Opinion No: 2012 NY Slip Op 73242(U)
Decided on May 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M137644

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-05160

Susan Smith, etc., appellant, v Haym Salomon

Home for the Aged, respondent, et al., defendants.

(Index No. 35596/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue the respondent's prior motion to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 1, 2010, as untimely taken, which was determined by decision and order on motion of this Court dated February 27, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DICKERSON, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court