PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 08-01520

ANNE HUNOLD, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ANNE COOK, DECEDENT, AND JEROLD COOK, DERIVATIVELY, PLAINTIFFS-RESPONDENTS, V COMMUNITY GENERAL HOSPITAL OF GREATER SYRACUSE, ET AL., DEFENDANTS.

Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 8, 2008, on the ground, inter alia, that the order is not appealable as of right, and appellant having cross-moved for permission to appeal from the order and for other relief,

Now, upon reading and filing the affirmation of Laura Speanburg dated July 11, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Patricia M. Bordonaro dated July 16, 2008, the notice of cross motion with proof of service thereof, the affirmation of Dara R. Pavia dated July 17, 2008, the reply affirmation of Laura Speanburg dated July 17, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, and

It is further ORDERED that the cross motion be, and the same hereby is, granted to the extent that the notice of appeal is deemed to be a motion for permission to appeal, that motion is hereby granted, and all proceedings to enforce the order appealed from are hereby stayed pending the hearing and determination of the appeal, on the condition that appellant perfect the appeal on or before September 19, 2008, in which event

It is further ORDERED that the appeal shall be added to the calendar for the term of this Court commencing December 1, 2008.

Entered: August 20, 2008

JoAnn M. Wahl, Clerk