| Donovan v Eden Park Health Services, Inc. |
| Motion No: 2007-08985 |
| Slip Opinion No: 2007 NYSlipOp 82076(U) |
| Decided on October 25, 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
M61646
E/sl
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2007-08985 Linda Donovan, etc., respondent, v Eden Park Health Services, Inc., appellant. (Index No. 2523/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, entered September 7, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
SPOLZINO, J.P., KRAUSMAN, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court