| Westchester Medical Center v Allstate Insurance C |
| Motion No: 2010-00985 |
| Slip Opinion No: 2010 NY Slip Op 81191(U) |
| Decided on September 1, 2010 |
| 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
M107740
E/ct
WILLIAM F. MASTRO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2010-00985 Westchester Medical Center, etc., respondent, v Allstate Insurance Company, appellant. (Index No. 1127/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, to dismiss an appeal from an order of the Supreme Court, Nassau County, entered December 21, 2009, on the ground that the order is not appealable as of right.
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 to dismiss the appeal from so much of the order entered December 21, 2009, as denied the appellant's motion to vacate a certain default judgment is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order entered December 21, 2009, as held in abeyance and referred for a hearing the respondent's motion to punish the appellant for contempt and the appellant's cross motion to quash a certain information subpoena is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court