| Herszdorfer v Maimonides Medical Center |
| Motion No: 2017-04453 |
| Slip Opinion No: 2018 NY Slip Op 75240(U) |
| Decided on June 15, 2018 |
| 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
M251349
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
|
2017-04453 Paul Herszdorfer, etc., respondent, v Maimonides Medical Center, defendant, Barry Goldberg, etc., appellant. (Index No. 26187/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated March 20, 2017, or, in the alternative, pursuant to CPLR 5701(c) to deem the notice of appeal to be an application for leave to appeal, to enlarge the record to include certain material, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from the portion of the order appealed from which directs a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and no appeal lies from the remainder of the order appealed from, which held the appellant's motion in abeyance (see Katz v Katz, 68 AD2d 536).
RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court