ALCENA v. EMPIRE BLUE CROSS AND BLUE SHIELD


13 A.D.3d 472 (2004)

785 N.Y.S.2d 91

VALIERE ALCENA, Appellant, v. EMPIRE BLUE CROSS AND BLUE SHIELD et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 2004.


Ordered that on the Court's own motion, the notice of appeal from the order dated March 24, 2003, is treated as an application for leave to appeal from so much of the order entered March 24, 2003, as denied that branch of the plaintiff's motion which was to compel Franklin Brosgol to respond to certain inquiries during his examination before trial, and leave to appeal is granted (see Kinkela v Incorporated Vil. of Mineola, 306 A.D.2d 382

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