Gonzales v. Beth Israel Medical Center

Full title: YVETTE GONZALES, as Administrator of the Estate of CENIYA ESQUERETTE, and…

Court: United States District Court, S.D. New York

Date published: May 5, 2011

08 Civ. 04224 (RWS) (S.D.N.Y. May. 5, 2011)

Opinion

08 Civ. 04224 (RWS).

May 5, 2011

OPINION

ROBERT SWEET, District Judge

The Compromise Order, dated April 25, 2011 and docketed April 26, 2011, is hereby vacated and amended as follows: The claims against the remaining defendant, Beth Israel Medical Center, shall not be remanded to the New York Supreme Court but instead dismissed without prejudice, pursuant to 28 U.S.C. § 1367(c)(3). The period of limitations for any claim asserted against the remaining defendant shall be tolled for a period of 30 days after the issuance of this order, unless state law provides for a longer tolling period. 28 U.S.C. § 1367(d).

It is so ordered.