Appellate Division: Second Judicial Department

M66949

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-08671, 2008-00077 Community Hospital at Dobbs Ferry, et al., respondents, v Antonia Novello, etc., et al., appellants. (Index No. 06-24650)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, dated July 10, 2007, and November 27, 2007, respectively, to vacate or modify a preliminary injunction contained in the order dated July 10, 2007, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to vacate or modify the preliminary injunction contained in the order dated July 10, 2007, is granted to the extent that so much of the preliminary injunction as precluded the respondents from taking preliminary steps toward closure of the subject hospital is stayed, and the respondents may take preliminary steps toward closure of the subject hospital, except the revocation of the subject hospital's operating permit, pending hearing and determination of the appeals and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied without prejudice to renew when the appeals are perfected; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court