Quinones v Long Is. Jewish Med. Ctr.

Quinones v Long Is. Jewish Med. Ctr. 2011 NY Slip Op 08922 Decided on December 6, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 6, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. DICKERSON, J.P.
RANDALL T. ENG
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
2009-06869
(Index No. 5176/01)

[*1]Dora H. Quinones, appellant,

v

Long Island Jewish Medical Center, respondent, et al., defendant.




Fashakin & Associates, P.C., Richmond Hill, N.Y. (Janet Fashakin
of counsel), for appellant.
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, N.Y.
(Christopher Simone and Scott M.
Fusaro of counsel), for respondent.


DECISION & ORDER

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (O'Donoghue, J.), dated June 9, 2009, which denied her motion to vacate a prior order of the same court dated December 3, 2008, granting the motion of the defendant Long Island Jewish Medical Center, in effect, for leave to reargue its opposition to the plaintiff's prior motion for leave to enter a default judgment and, upon reargument, vacated a prior order of the same court dated November 7, 2008, granting the plaintiff's prior motion, and thereupon denied the plaintiff's prior motion.

ORDERED that the order dated June 9, 2009, is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion to vacate an order dated December 3, 2008, as the plaintiff failed to demonstrate the existence of any valid grounds for vacatur (see CPLR 5015[a]; Woodson v Mendon Leasing Corp., 100 NY2d 62, 68; Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831, 832-833; Matter of McKenna v County of Nassau, Off. of County Attorney, 61 NY2d 739, 741-742; Matter of Francis v Francis, 80 AD3d 610; Alderman v Alderman, 78 AD3d 621).
DICKERSON, J.P., ENG, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court