| JOAN MURRAY DOLAN V JEFFREY P. STEINIG, M.D. AND SOUTH TOWNS SURGICAL ASSOCIATES, P.C. |
| Motion No: CA 13-00327 |
| Slip Opinion No: 2013 NY Slip Op 65877(U) |
| Decided on February 22, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND SCONIERS, JJ.
DOCKET NO. CA 13-00327
| JOAN MURRAY DOLAN, PLAINTIFF-RESPONDENT, V
JEFFREY P. STEINIG, M.D. AND SOUTH TOWNS SURGICAL ASSOCIATES, P.C., DEFENDANTS-APPELLANTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Rose H. Sconiers, for a stay, pursuant to CPLR 5519 (c), of all proceedings to enforce the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 23, 2013, and January 30, 2013, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavits of Melissa L. Zittel, Esq., sworn to January 25, 2013, and February 15, 2013, said show cause order with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated February 13, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed, without prejudice to a motion pursuant to CPLR 5704 (a), on the ground that there is no right of appeal from the relevant portions of Supreme Court's orders issued sua sponte (see Sholes v Meagher, 100 NY2d 333; Matter of Mary L.R. v Vernon B., 48 AD3d 1088; Bajrovic v Jeff Anders Trucking, 52 AD3d 553; Fabozzi v Coppa, 5 AD3d 722).
Entered: February 22, 2013
Frances E. Cafarell, Clerk