Bailey v Jamaica Hospital
Motion No: 2013-09762
Slip Opinion No: 2014 NY Slip Op 73841(U)
Decided on June 4, 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

M175052

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2013-09762

Hyacenth Bailey, etc., appellant,

v Jamaica Hospital, et al., respondents.

(Index No. 18399/12)

DECISION & ORDER ON MOTION

Motion by the respondent Lenox Hill Hospital on an appeal from an order of the Supreme Court, Queens County, dated July 26, 2013, for leave to reargue its prior motion to dismiss the appeal insofar as taken against it as untimely taken, which was determined by decision and order on motion of this Court dated March 11, 2014.

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

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

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).

ENG, P.J., BALKIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court