| Chong-Hwan Wee v United Mem. Med. Ctr. |
| 2009 NY Slip Op 08288 [67 AD3d 1364] |
| November 13, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| John Chong-Hwan Wee, Appellant, v United Memorial Medical Center et al., Respondents. |
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Ricotta & Visco, Attorneys & counselors at Law, Buffalo (John Visco of counsel), for
defendants-respondents.
Appeal from an order of the Supreme Court, Genesee County (Mark H. Dadd, A.J.), entered August 18, 2008. The order, insofar as appealed from, denied plaintiff's motion for leave to reconsider and to settle the record on appeal.
It is hereby ordered that said appeal from the order insofar as it denied leave to reconsider is unanimously dismissed and the order is otherwise affirmed without costs.
Memorandum: Because "[n]o appeal lies from that part of the order denying [plaintiff's] motion insofar as it sought leave to . . . reconsider" (B.M.H. Mgt., Inc. v 81 & 3 of Watertown, Inc., 16 AD3d 1074 [2005], lv denied 5 NY3d 746 [2005]; see Hutchings v Hutchings, 155 AD2d 973 [1989]), we dismiss that part of the appeal challenging the denial of plaintiff's motion seeking leave to reconsider an earlier order. We otherwise affirm. Present—Scudder, P.J., Hurlbutt, Green, Pine and Gorski, JJ.