Appellate Division: Second Judicial Department

M37119

C/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-10974, 2006-01531, 2006-01532 In the Matter of Nellie Gajeski, etc. New York City Health & Hospitals Corporation - Queens Hospital Center, etc., respondent; Joyce Gajewski Dorish, appellant. (Index No. 15195/05)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from (1) an order of the Supreme Court, Queens County, dated October 11, 2005, (2) a judgment of the same court dated December 8, 2005, and (3) an order of the same court dated February 9, 2006, to stay enforcement of the judgment and the order dated February 9, 2006, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated October 11, 2005 (Appellate Division Docket No. 2005-10974), is dismissed, without costs or disbursements, as that order was superseded by the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the appeal from the order dated February 9, 2006 (Appellate Division Docket No. 2006-01532), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and we decline to grant leave (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

KRAUSMAN, J.P., LUCIANO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court