Bermejo v New York City Health and Hospitals Corporati
Motion No: 2014-06153
Slip Opinion No: 2014 NY Slip Op 77917(U)
Decided on July 16, 2014
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

M177156

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2014-06153

Manuel Bermejo, plaintiff, v New York City

Health and Hospitals Corporation, et al., defendants,

Amsterdam & 76th Associates, LLC, defendant

second third-party plaintiff-respondent; Equinox

Holdings, Inc., et al., second third-party

defendants-appellants

(and other titles).

(Index No. 23985/09)

DECISION & ORDER ON MOTION

Motion by the second third-party defendants-appellants to stay certain discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered June 6, 2014.

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 entered June 6, 2014, as denied the second third-party defendants-appellants' requests for a further deposition and independent medical examination of the plaintiff is dismissed, without costs or disbursements, on the ground that those portions of the order are not appealable as of right (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the motion is denied.

SKELOS, J.P., DILLON, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court