| Payton v Queens General Hospital |
| Motion No: 2017-12194 |
| Slip Opinion No: 2018 NY Slip Op 77494(U) |
| Decided on July 12, 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
M252321
E/rr
ALAN D. SCHEINKMAN, P.J.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
|
2017-12194 Kelly Payton, appellant, v Queens General Hospital, respondent. (Index No. 6711/2017)
| DECISION & ORDER ON MOTION |
Motion by Kelly Payton for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated July 14, 2017, for leave to prosecute an appeal as a poor person.
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 for leave to appeal is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not affect a substantial right (see CPLR 5701); and it is further,
ORDERED that the motion is otherwise denied as academic.
SCHEINKMAN, P.J., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court