Randolph v Westchester Medical Center
Motion No: 2011-09785
Slip Opinion No: 2014 NY Slip Op 60888(U)
Decided on January 14, 2014
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

M168075

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-09785

David Randolph, appellant, v Westchester

Medical Center, respondent.

(Index No. 10-23588)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Westchester County, dated June 29, 2011. By decision and order on motion of this Court dated August 5, 2013, the appeal was dismissed for failure to perfect.

Now, on the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court dated August 5, 2013, entitled "In the Matter of Dismissal of Causes for Failure to Perfect - July 2013 Calendar," as dismissed the above-entitled appeal is recalled and vacated and the appeal is reinstated.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court