Liew v New York University Medical Center
Motion No: 2007-08459
Slip Opinion No: 2007 NYSlipOp 85065(U)
Decided on December 3, 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

M63069

E/sl

FRED T. SANTUCCI, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-08459, 2007-10496

Kimberly Liew, etc., et al., plaintiffs,

v New York University Medical Center,

defendant third-party plaintiff-appellant;

Juan B. Gabriel, Jr., etc., et al., third-party

defendants-respondents.

(Index No. 10449/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated May 29, 2007, and October 17, 2007, respectively.

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 appellant's notice of appeal from the order dated May 29, 2007, is treated as an application for leave to appeal to this court from the order dated May 29, 2007, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeals.

SANTUCCI, J.P., SKELOS, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court