Parkway Hospital, Inc. v New York State Commission on
Motion No: 2008-09023
Slip Opinion No: 2008 NYSlipOp 86771(U)
Decided on October 22, 2008
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

M77505

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-09023

Parkway Hospital, Inc., et al., plaintiffs,

v New York State Commission on Healthcare

Facilities in the 21st Century, et al., defendants.

(Index No. 13682/08)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 22, 2008, and, inter alia, to enjoin the defendants from rescinding the operating certificate of Parkway Hospital, Inc., pending hearing and determination of the appeal.

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 is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court