Appellate Division: Second Judicial Department

M253757

E/mm

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2018-07787 Marguerite Kovach-Anta, etc., respondent, v Steven Pelaez, etc., et al., defendants, Winthrop University Hospital, appellant. (Index No. 59/16)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered June 18, 2018, to stay all proceedings in the above-entitled matter, including the in camera testimony of Karen Lutz, pending hearing and determination of the appeal, and for leave to file, under seal, Exhibit H annexed to the affirmation of Seth Weinberg dated June 29, 2018, in support of the motion.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that all proceedings in the above-entitled matter, including the in camera testimony of Karen Lutz, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 12, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 12, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that Exhibit H annexed to the affirmation of Seth Weinberg dated June 29, 2018, in support of the motion, which was filed under seal as part of the motion papers pursuant to the order to show cause of this Court dated July 2, 2018, shall remain sealed in connection with this motion, and shall be filed under seal in a separate volume of the record on appeal, for in camera review by the panel of Justices assigned to the appeal.

RIVERA, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court