| EDP Hospital Computer Systems, Inc. v Bronx-Lebanon H |
| Motion No: 2006-10863 |
| Slip Opinion No: 2006 NYSlipOp 81437(U) |
| Decided on December 7, 2006 |
| Appellate Division, 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 Division: Second Judicial Department
M47945
E/sl
DAVID S. RITTER, J.P.
ROBERT A. SPOLZINO
ROBERT J. LUNN
DANIEL D. ANGIOLILLO, JJ.
|
2006-10863 EDP Hospital Computer Systems, Inc., appellant-respondent, v Bronx-Lebanon Hospital Center, respondent-appellant.
(Index No. 17086/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay all proceedings in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated October 3, 2006.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appellant-respondent's appeal is dismissed, without costs or disbursements, on the ground that it is not aggrieved by the order appealed from (see CPLR 5511; Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 472-473); and it is further,
ORDERED that the motion is denied.
RITTER, J.P., SPOLZINO, LUNN and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court