| Delpriore v Eger Health Care & Rehabilitation Center |
| Motion No: 2009-02624 |
| Slip Opinion No: 2009 NY Slip Op 71377(U) |
| Decided on May 4, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M86130
E/cb
PETER B. SKELOS, J.P.
STEVEN W. FISHER
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-02624 Sandra Delpriore, respondent, v Eger Health Care & Rehabilitation Center, appellant (and a third-party action). (Index No. 103006/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated February 24, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order determining the admissibility of evidence in advance of trial (see Citlak v Nassau County Medical Center, 37 AD3d 640; Winograd v Price, 21 AD3d 956; Chateau Rive Corp., Enclave Dev. Assoc., 283 AD2d 537); and it is further,
ORDERED that the motion is denied as academic.
SKELOS, J.P., FISHER, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court