| Irving v Mary Immaculate Hospital |
| Motion No: 2009-08272 |
| Slip Opinion No: 2009 NY Slip Op 88524(U) |
| Decided on November 13, 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
M94399
E/sl
HOWARD MILLER, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-08272, 2009-09356 Glennford Irving, etc., et al., respondents, v Mary Immaculate Hospital, et al., appellants. (Appeal No. 1) Glennford Irving, etc., et al., appellants- respondents, v Mary Immaculate Hospital, et al., respondents-appellants. (Appeal No. 2) (Index No. 23407/03)
| DECISION & ORDER ON MOTION |
Motion by Glennford Irving, as administrator of the estate of Rachel Babb, and Glennford Irving, individually, to stay the retrial in the above-entitled action on the issue of past and future loss of parental guidance pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, entered August 4, 2009, and an appeal and cross appeal from an order of the same court entered September 14, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renew if and when the date for the retrial is set.
MILLER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court