New York State Nurses Association v New York State De
Motion No: 2013-06761
Slip Opinion No: 2013 NY Slip Op 81831(U)
Decided on August 8, 2013
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

M160450

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2013-06761, 2013-06762

New York State Nurses Association, et al.,

respondents, v New York State Department

of Health, et al., appellants.

(Index No. 5814/13)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to recall and vacate so much of a decision and order on motion of this Court dated July 15, 2013, as dismissed appeals from two orders of the Supreme Court, Kings County, dated April 1, 2013, and June 19, 2013, respectively, on the ground that no appeal lies as of right from orders that are not the result of motions made on notice, for leave to appeal to this Court from the orders, and to stay all proceedings in the above-entitled matter, pending hearing and determination of the appeals.

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

ORDERED that the motion is denied.

RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court