Dora H. Quinones, appellant, v. Long Island Jewish Medical Center, respondent, et al., defendant. (2011)

Submitted—October 31, 2011

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 N.Y.2d 62, 68;  Alliance Prop. Mgt. & Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831, 832–833;  Matter of McKenna v County of Nassau, Off. of County Attorney, 61 N.Y.2d 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