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MALKEH KSWANI, Respondent, v. LUTHERAN MEDICAL CENTER et al., Appellants.

Ordered that the order dated January 6, 2005 is affirmed, with one bill of costs.

Contrary to the appellants' contentions, the Supreme Court did not overrule a court of coordinate jurisdiction in denying their respective motions ( see Matter of Dondi v. Jones, 40 NY2d 8; cf. Nong Yaw Trakansook v. 39 Wood Realty Corp., 18 AD3d 633; Velasquez v. C.F.T., Inc., 267 AD2d 229). Its order merely extended the plaintiff's time to comply with the prior order dated June 24, 2004, which was properly within the court's discretion ( see Brandes v. North Shore Univ. Hosp., 22 AD3d 777; Rivera v. Yeshiva Kollel Harbotzas Torah, 10 AD3d 715).

The appellants' remaining contentions are either without merit or improperly raised for the first time on appeal.

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KSWANI v. LUTHERAN MEDICAL CENTER
(Mar 7, 2006)