Manko v Lenox Hill Hospital
Motion No: 2012-06650
Slip Opinion No: 2013 NY Slip Op 95082(U)
Decided on December 24, 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

M166970

E/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2012-06650

Nella Manko, appellant, v Lenox Hill

Hospital, respondent.

(Index No. 30972/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, (1) for leave to appeal to the Court of Appeals from a decision and order on motion of this Court dated October 9, 2013, which determined her motion, inter alia, to recall and vacate so much of a decision and order on motion of this Court dated July 29, 2013, as dismissed as dismissed an appeal from an order of the Supreme Court, Kings County, dated May 18, 2012, for failure to timely perfect and to reinstate the appeal, and (2) to waive the motion filing fee.

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

ORDERED that the branch of the appellant's motion which is to waive the motion filing fee is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court