Appellate Division: Second Judicial Department

M84060

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-02147 In the Matter of Christin C. (Anonymous), respondent; New York-Presbyterian Hospital, Payne Whitney Westchester, appellant. (Index No. 09-900015)

DECISION & ORDER ON MOTION

Motion by New York-Presbyterian Hospital, Payne Whitney Westchester, for leave to appeal to this court, if necessary, from an order of the Supreme Court, Westchester County, dated March 6, 2009, and to stay enforcement of so much of the order as directed it to transport Christin C. to visit her mother in another hospital, 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 without prejudice to seeking to modify the order dated March 6, 2009, in the Supreme Court, Westchester County; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is denied as academic.

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court