Paul Defreitas Merle Walker and v the Bronx Lebanon Hospital Center .

Motion No: M-5046

Slip Opinion No: 2018 NYSlipOp 87339(U)

Decided on October 30, 2018

Appellate Division, First 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.

October 30, 2018

Paul Defreitas, Merle Walker and

Joy Sinclair,

Plaintiffs-Respondents,

v

The Bronx Lebanon Hospital Center,

Defendant-Appellant.

Defendant-appellant having moved for a stay of trial pending hearing and determination of the appeal taken from the order of the Supreme Court, Bronx County, entered on or about December 20, 2017, and said appeal having been perfected,And an order of a Justice of this Court, entered on

October 15, 2018, granted an interim stay of trial, directed that there be no further adjournments of the appeal, and further directed the Clerk of this Court to calendar the appeal for the December 2018 Term, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of continuing the interim relief granted by an order of a Justice of this Court, dated October 15, 2018. The Clerk of the Court is directed to maintain the appeal on the calendar for the December 2018 Term. ENTERED: October 30, 2018

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick,Justice Presiding, Peter Tom Angela M. Mazzarelli Troy K. Webber Cynthia S. Kern,Justices

M-5046

Index No. 307223/09