Long Is. Jewish Med. Ctr. v Alam

[*1] Long Is. Jewish Med. Ctr. v Alam 2004 NY Slip Op 51241(U) Decided on October 21, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 21, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
2003-1635 Q C

LONG ISLAND JEWISH MEDICAL CENTER, Respondent,

against

MUHAMMAD ALAM, Appellant, -and- ROHENA BEGUM, Defendant.

Appeal by defendant Muhammad Alam from an order of the Civil Court, Queens County (A. Agate, J.), entered on July 30, 2003, granting plaintiff's motion to restore the action to the calendar, for summary judgment on its complaint and for dismissal of the counterclaims.

Order unanimously affirmed without costs.

Contrary to appellant's contention, the court below properly granted plaintiff's motion for summary judgment and implicit in its order was the granting of the branches of plaintiff's motion to restore the case to the calendar and dismissal of the counterclaims.

We note that the submission of an affirmation in opposition to the motion by defendant, a party to the action, was not authorized by CPLR 2106 nor did it comply with CPLR 2309, and thus was of no probative value (see Slavenburg Corp. v Opus Apparel, 53 NY2d 799 [1981]). In any event, defendant's opposition papers fail to raise any issue warranting the denial of plaintiff's motion. [*2]
Decision Date: October 21, 2004