MRI Enterprises, Inc. v Comprehensive Medical Care of N
Motion No: 2012-11023
Slip Opinion No: 2013 NY Slip Op 85282(U)
Decided on September 16, 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

M162150

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2012-11023

MRI Enterprises, Inc., respondent,

v Comprehensive Medical Care of New

York, P.C., appellant.

(Index No. 1636/08)

DECISION & ORDER ON MOTION

Motion by MRI Enterprises, Inc., in effect, to recall and vacate a decision and order on motion of this Court dated May 3, 2013, which, inter alia, dismissed its appeal from a judgment of the Supreme Court, Nassau County, entered August 29, 2012, on the ground that it was not aggrieved, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the application is denied as unnecessary, in light of the decision and order on motion of this Court dated September 13, 2013.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court