| Frank Tumminia, as Proposed Exr. of Estate of Joan Tumminia v Staten Is. Univ. Hosp. |
| Motion No: 2025-481 |
| Slip Opinion No: 2026 NY Slip Op 64401 |
| Decided on March 17, 2026 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Frank Tumminia, as Proposed Executor of the Estate of Joan Tumminia,
Respondent,
v
Staten Island University Hospital,
Respondent,
Silver Lake Specialized Rehabilitation and Care Center, LLC,
Appellant.
Motion for leave to appeal denied. The Court takes this occasion to restate the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value (see Times-Italic Matter of Marchant v Mead-Morrison Mfg. Co., 252 NY 284, 297-298 [1929]).