| Care v Montefiore New Rochelle Hospital |
| Motion No: 2022-02947 |
| Slip Opinion No: 2026 NY Slip Op 62186(U) |
| Decided on February 11, 2026 |
| 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
M311257
ID/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
BARRY E. WARHIT
HELEN VOUTSINAS, JJ.
|
2022-02947 Rosella Care, etc., appellant, v Montefiore New Rochelle Hospital, respondent. (Index No. 55544/2020)
| DECISION & ORDER ON MOTION |
Appeal from the denial of an application to sign an order to show cause of the Supreme Court, Westchester County, which occurred on January 19, 2022. By decision and order on motion of this Court dated August 8, 2022, the respondent's motion to dismiss the appeal on the ground that no appeal lies from the denial of an application to sign an order to show cause was granted, and the appeal was dismissed (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701). Motion by the appellant, inter alia, to vacate the dismissal of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VOUTSINAS, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court