Ingram v Long Island College Hospital
Motion No: 2011-07727
Slip Opinion No: 2011 NY Slip Op 91682(U)
Decided on December 7, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M129895

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-07727

Annie Ingram, respondent,

v Long Island College Hospital, defendant

third-party plaintiff-appellant-respondent;

AFSM, Inc., third-party defendant, Fresenius

Medical Care, etc., third-party defendant-

respondent-appellant.

(Index No. 36311/06)

DECISION & ORDER ON MOTION

Motion by Fresenius Medical Care to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 9, 2011, and to waive the requirement that it perfect its appeal concurrently with Long Island College Hospital.

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

ORDERED that the branch of the motion which is to waive the requirement that Fresenius Medical Care perfect its appeal concurrently with Long Island College Hospital is denied as unnecessary (see 22 NYCRR 670.2[a][6]); and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court