| Brucato v Ankolekar |
| Motion No: 2009-11343 |
| Slip Opinion No: 2009 NY Slip Op 92433(U) |
| Decided on December 24, 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
M96511
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-11343 Alyssa Brucato, etc., et al., plaintiffs-respondents, v Anjali Ankolekar, etc., et al., appellants, Phelps Memorial Hospital, et al., defendants- respondents. (Index No. 06-21228)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated December 7, 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 from so much of the order dated December 7, 2009, as determined the motions to preclude testimony is dismissed, without costs or disbursements, on the ground that no appeal lies from an order which determines the admissibility of evidence in advance of trial (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the motion is denied.
SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court