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Dr. John Chong-Hwan Wee v. United Memorial Medical Center

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 13, 2009

DR. JOHN CHONG-HWAN WEE,
PLAINTIFF-APPELLANT,
v.
UNITED MEMORIAL MEDICAL CENTER, BARBARA HANCOCK, STEVEN BUFFA, LORI GOERGEN AND ROSANN LOWDER, DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Genesee County (Mark H. Dadd, A.J.), entered August 18, 2008.

1243

PRESENT: SCUDDER, P.J., HURLBUTT, GREEN, PINE, AND GORSKI, JJ.

MEMORANDUM AND ORDER

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, 1074, lv denied 5 NY3d 746; see Hutchings v Hutchings, 155 AD2d 973), we dismiss that part of the appeal challenging the denial of plaintiff's motion seeking leave to reconsider an earlier order. We otherwise affirm.

Patricia L. Morgan Clerk of the Court

20091113

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