Appellate Division: Second Judicial Department

M68921

E/sl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

ANITA R. FLORIO

EDWARD D. CARNI, JJ.

2008-02927, 2008-02928 Radiosurgery New York, LLC, et al., appellants, v Cabrini Medical Center, et al., respondents. (Index No. 100393/08)

DECISION & ORDER ON MOTION

Motion by Radiosurgery New York, LLC, and Gilbert S. Lederman for leave to appeal to this court from two orders of the Supreme Court, Richmond County, dated March 13, 2008, and March 31, 2008, respectively, and to enjoin the respondents from refusing to admit their patients or from declining to provide office space, staff, supplies, and services, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal from the order dated March 31, 2008, is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated March 31, 2008 (Appellate Division Docket No. 2008-02928), is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated March 13, 2008, is denied as unnecessary as that order is appealable as of right; and it is further,

ORDERED that the branch of the motion which is, inter alia, to enjoin the respondents from refusing to admit patients of Radiosurgery New York, LLC, and Gilbert S. Lederman or from declining to provide office space, staff, supplies, and services is denied.

FISHER, J.P., RITTER, FLORIO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court