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BOTELHO v. PRESBYTERIAN HOSP. IN CITY OF NEW YORK

No. 96 Civ. 7382 (JGK).

961 F.Supp. 75 (1997)

Ronald J. BOTELHO, Plaintiff, v. THE PRESBYTERIAN HOSPITAL IN THE CITY OF NEW YORK, Columbia University Department of Surgery, Presbyterian Health Resources, Inc., Defendants.

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

April 16, 1997.

Attorney(s) appearing for the Case

Eric M. Davis, Law Offices of Eric M. Davis, P.C., New York City, for plaintiff.

Jennifer B. Courtian, Esq., Jackson, Lewis, Schintzler & Krupman, New York City, for The Presbyterian Hospital in the City of New York and Presbyterian Health Resources, Inc.

Laura D. Barbieri, Esq., Schoeman, Marsh & Updike, LLP, New York City, for Columbia University.

OPINION AND ORDER

KOELTL, District Judge:

The plaintiff moves pursuant to 28 U.S.C. § 1447(c) to remand this action to the New York State Supreme Court, New York County. The plaintiff argues that the removal notice was filed after the 30-day filing period required by 28 U.S.C. § 1446(b) had elapsed. The defendant argues that removal was timely.

I.

The plaintiff filed this action on August 20, 1996 in the New York State...

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