| Lucia Ferreira, As Adm'x of Estate of Baby Girl Ferriera a/k/a Lucia Fermin, Lucia Ferreira, Individually & Jose Fermin, -respondents v Wyckoff Hgts. Med. Ctr., City of New York & N. Y. City Health & Hosp. Corp. |
| Motion No: 2005-02001 kc |
| Slip Opinion No: 2006 NYSlipOp 71082(U) |
| Decided on June 21, 2006 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
| LUCIA FERREIRA, AS ADMINISTRATRIX of the ESTATE OF BABY GIRL FERRIERA a/k/a LUCIA FERMIN, LUCIA FERREIRA, INDIVIDUALLY and JOSE FERMIN, Plaintiffs-Respondents, -against- WYCKOFF HEIGHTS MEDICAL CENTER, THE CITY OF NEW YORK and NEW YORK CITY HEALTH and HOSPITAL CORPORATION, Defendants-Respondents. ------------------------------------------------------------------------------------------------------------x WYCKOFF HEIGHTS MEDICAL CENTER, Third-Party Plaintiff-Appellant-Respondent, -against- IRVING SPODEK, M.D., Third-Party Defendant/Respondent-Appellant. |
DECISION
That branch of the motion by appellant to vacate dismissal of the appeal is granted.
That branch of the motion to withdraw the appeal from the order of the court below dated October 5, 2005, is also granted.
That branch of the cross motion by third party-appellant to vacate dismissal of the appeal is granted.
That branch of the cross motion to withdraw the appeal from the order of the court below dated October 5, 2005, is also granted.
The parties have stipulated to withdraw the appeals.
No appeal lies from an intermediate order upon entry of a judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on appeal from an intermediate order are brought up for review on the appeal from the judgment (see CPLR 5501[a] [1]).