| Sisters of Charity Healthcare Sys. St. Vincent's Med. Ctr. of Richmond v Rae Zarelli |
| Motion No: 2006-00351 RIC |
| Slip Opinion No: 2006 NYSlipOp 84022(U) |
| Decided on December 18, 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
| SISTERS OF CHARITY HEALTHCARE
SYSTEM ST. VINCENT'S MEDICAL CENTER OF RICHMOND, Respondent, -against- RAE ZARELLI, Appellant. |
DECISION
On the court's own motion, appeal stricken from the general calendar.
This is an appeal from an order dated December 20, 2005 which denied a motion, in effect, pursuant to CPLR 4404 (b), to set aside a judgment entered January 31, 2005 in favor of plaintiff for charges incurred when defendant was involuntarily hospitalized in this facility. The motion was made on the ground that the proof at trial failed to establish that defendant was a danger to herself or others (see Mental Hygiene Law §§ 9.39 and 9.40).
Appellate review of an order denying such a motion requires a review of the testimony at trial. Inasmuch as the trial minutes have not been made part of the record, the appeal has not been properly perfected and must be stricken from the general calendar (CCA 1704 [a]; 22 NYCRR 731.1 [a]).