Christopher Hudak as Administrator v Good Samaritan Hospital of Suffern NY Ramapo Valley OB/GYN P.C.

Motion No: M-2635

Slip Opinion No: 2019 NYSlipOp 74578(U)

Decided on July 9, 2019

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.

July 9, 2019

Christopher Hudak, as Administrator

of the Estate of Michelle Lynn Hudak

and Mark S. Tulis, as Trustee of the

Estate of the Debtor, Christopher Hudak,

Plaintiffs-Respondents,

v

Good Samaritan Hospital of Suffern,

NY, Ramapo Valley OB/GYN, P.C.,

Carrie Frances Panoff, D.O.,

Defendants-Appellants,

-and-

Daniel Edward Vinick, M.D.,

Defendant.

Good Samaritan Hospital, Third-Party Plaintiff-Appellant, v

Guy Salomon, M.D. and Ramapo

Anesthesiologists, P.C., doing

business as Ramapo Anesthesia, Third-Party Defendants-Appellants.

-------------------------------------X Appeals having been taken from a judgment of the Supreme Court, New York County, entered on or about April 26, 2019, in favor of plaintiff in the amount $7,805,028.47, And defendants-appellants Ramapo Valley OB/GYN, P.C., and

Carrie Frances Panoff, D.O.'s insurer having posted an undertaking on appeal on behalf of said defendants for the amounts of its primary and excess coverage ($3.6 million), and defendant Panoff and her insurer having executed a joint undertaking with the promise of not engaging in any fraudulent conveyances, And defendants-appellants Ramapo Valley OB/GYN, P.C., and

Carrie Frances Panoff, D.O. having moved, pursuant to CPLR 5519(g), for a stay of enforcement of the aforesaid judgment, pending hearing and determination of their appeal taken therefrom (M-2629), And an order of a Justice of this Court having been entered on May 16, 2019 granting the application of defendants-appellants

movants for an interim stay of enforcement of the judgment pending a determination of the motion, conditioned on defendants' insurer posting a joint undertaking for the balance of the judgment by a specified date, And plaintiffs-respondents having moved to vacate the interim relief granted by a Justice of this Court on May 16, 2019 (M-2635), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion to stay enforcement of the aforesaid judgment, pursuant to CPLR 5519(g), pending the hearing and determination of the appeal, is granted on condition that movants' appeal is perfected for the November 2019 Term (M-2629) and they continue to comply with CPLR 5519(g). So much of the order of a Justice of this Court entered on May 16, 2019 conditioning the stay upon the posting of a bond for the balance of the judgment is vacated. Plaintiff's motion to vacate the stay is denied (M-2635). ENTERED: July 9, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Ellen Gesmer Cynthia S. Kern,Justices

M-2635

M-2629

Index No. 101448/10