North Shore Univ. Hosp. At Manhasset v Guy Jeanpierre
Motion No: 2010-01547 nc
Slip Opinion No: 2010 NY Slip Op 79856(U)
Decided on August 3, 2010
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

MELVYN TANENBAUM

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-1547 N C
North Shore University Hospital at Manhasset, Appellant, v Guy Jeanpierre, Respondent.

Motion by appellant for a stay pending the determination of an appeal from an order of the District Court of Nassau County, First District, entered June 10, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,

ORDERED that the motion by appellant for a stay is denied; and it is further,

ORDERED, on the court's own motion, that the appeal from the order of the District Court entered June 10, 2010 is dismissed.

The order of the District Court dated June 10, 2010 directed that a traverse hearing be held to aid in the disposition of the underlying motion. The order did not decide the matter or affect a substantial right, and thus the order is not appealable as of right (see UDCA 1702 [a] [2]; Tovia Capital, LLC v Katebi, 21 Misc 3d 128[A], 2008 NY Slip Op 51957[U] [App Term, 2d & 11th Jud Dists]; see also Frost v Halvorsen, 100 AD2d 608 [1984]; Citibank v S & J Inzlicht, Inc., 8 Misc 3d 134[A], 2005 NY Slip Op 51174[U] [App Term, 2d & 11th Jud Dists]).

ENTER:

Paul KennyChief Clerk