Majority
p. 738Lillian Arias, Appellant, v New York City Health and Hospitals Corporation (Kings County Hospital Center), Respondent. Submitted December 22, 2008; decided February 17, 2009
Motion, insofar as it seeks leave to appeal from the April 2008 Appellate Division order, dismissed as untimely (see CPLR 5513 [b]); motion, insofar as it seeks leave to appeal from the October 2008 Supreme Court judgment, dismissed upon the ground that it is not a final judgment within the meaning of CPLR 5602 (a) (1) (ii) to bring up for review the April 2008 Appellate Division order that finally determined a separate special proceeding (see Karger, Powers of the New York Court of Appeals § 5:28, at 187-188 [3d ed rev]).