| Maniscalco v Mount Sinai Medical Center |
| Motion No: 2013-10632 |
| Slip Opinion No: 2014 NY Slip Op 90997(U) |
| Decided on November 25, 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. |
Appellate Division: Second Judicial Department
M183337
E/sl
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2013-10632 Carmelo Maniscalco, appellant, v Mount Sinai Medical Center, respondent. (Index No. 28132/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - June 2014 Calendar," dated June 27, 2014, as dismissed an appeal from an order of the Supreme Court, Queens County, dated October 3, 2014, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, and for leave to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that so much of the decision and order on motion of this Court dated June 27, 2014, as dismissed the appeal, is recalled and vacated, and the appeal is marked withdrawn, and the motion is otherwise denied.
HALL, J.P., COHEN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court