| Anesthesia Associates of Mount Kisco, LLP v Northern W |
| Motion No: 2007-00577 |
| Slip Opinion No: 2007 NYSlipOp 62119(U) |
| Decided on January 30, 2007 |
| 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
M50109
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
JOSEPH COVELLO, JJ.
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2007-00577 Anesthesia Associates of Mount Kisco, LLP, et al., appellants, v Northern Westchester Hospital Center, respondent, et al., defendants. (Action No. 1) (Index No. 03-5105) Barry A. Baer, et al., plaintiffs, v Anesthesia Associates of Mount Kisco, LLP, defendant. (Action No. 2) (Index No. 04-4611)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in Action No. 2 pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 20, 2006, and cross motion by Northern Westchester Anesthesia Services and David Miller, defendants in Action No. 1, to dismiss the appeal on the ground that no appeal lies from an order adjudicating in advance the admissibility of evidence at trial.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition and relation thereto, it is
ORDERED that the cross motion is granted, and the appeal is dismissed, without costs or disbursements (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court