Anesthesia Associates of Mount Kisco, LLP v Northern W
Motion No: 2007-03768
Slip Opinion No: 2007 NYSlipOp 74524(U)
Decided on July 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M57775

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-03768

Anesthesia Associates of Mount Kisco, LLP,

et al., appellants-respondents, v Northern

Westchester Hospital Center, et al.,

respondents-appellants.

(Index No. 03-5105)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered March 8, 2007, to "direct[] the content of the joint record on appeal."

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

ORDERED that the matter is remitted to the Supreme Court, Westchester County, to report on the issue of whether the court considered papers submitted on a motion in an action entitled Baer v Anesthesia Associates of Mount Kisco, pending in the same court under Index No. 04-4611 which resulted in an order dated December 20, 2006, in determining the motion for summary judgment that forms the basis of this appeal, and the motion to "direct[] the content of the joint record on appeal" is held in abeyance in the interim. The Supreme Court shall file its report with all convenient speed.

SANTUCCI, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court