Nanomedicon, LLC v Research Foundation of State Univer
Motion No: 2013-03906
Slip Opinion No: 2015 NY Slip Op 62758(U)
Decided on January 30, 2015
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

M186557

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2013-03906

Nanomedicon, LLC, plaintiff-respondent,

v Research Foundation of State University

of New York, defendant-respondent, Pelagia-Irene

Gouma, defendant third-party plaintiff-appellant;

Anastasia Rigas, et al., third-party defendants-

respondents.

(Index No. 36815/10)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent Medicon, Inc. on an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2013, for leave to reargue its prior motion to dismiss the appeal, which was determined by decision and order on motion of this Court dated March 6, 2014.

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

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from so much of a judgment of the Supreme Court, Suffolk County, entered January 30, 2014, as brings up for reivew the order dated February 25, 2013 (see CPLR 5520[c]); and it is further,

ORDERED that the motion is denied.

SKELOS, J.P., HALL, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court