Appellate Division: Second Judicial Department

M266257

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2019-08806 Arlene Daniele, respondent, v Pain Management Center of Long Island, et al., defendants, Neil B. Kirschen, et al., appellants. (Index No. 4936/12)

DECISION & ORDER ON MOTION

Motion by Neil B. Kirschen, and separate motion by Winthrop University Hospital and Linda W. Roberts, for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered July 1, 2019, and to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeals. Cross motion by the respondent to dismiss the appeals on the ground that the order is not appealable as of right and leave to appeal has not been granted.

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

ORDERED that the branches of the motions which are for leave to appeal are granted; and it is further,

ORDERED that the branches of the motions which are to stay all proceedings in the above-entitled action, including the trial, are granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 31, 2019, and those branches of the motion are otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 31, 2019, 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 the cross motion is denied.

SCHEINKMAN, P.J., BALKIN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court