| CANTON-POTSDAM HOSPITAL - V S.A.F.E., |
| Motion No: CA 19-01951 |
| Slip Opinion No: 2020 NY Slip Op 63701(U) |
| Decided on February 24, 2020 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-01951
| CANTON-POTSDAM HOSPITAL, ET AL.,
PLAINTIFFS-APPELLANTS, V S.A.F.E., ET AL., DEFENDANTS-RESPONDENTS. |
Appellants having moved, pursuant to CPLR 5519 (c) for a stay of proceedings to enforce an order of the Supreme Court, Onondaga County, entered September 24, 2019, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed to the extent it seeks a stay of the sua sponte directive requiring appellants to continue remittance of monthly escrow payments on the ground that there is no right to appeal this portion of Supreme Court's order (see Sholes v Meagher, 100 NY2d 333, 335 [2003]; Matter of Mary L.R. v Vernon B., 48 A.D.3d 1088 [4th Dept 2008]; see Bajrovic v Jeff Anders Trucking, 52 AD3d 553 [2d Dept 2008]; Fabozzi v Coppa, 5 AD3d 722, 723 [2d Dept 2004]), and
It is further ORDERED that the motion is denied insofar as it seeks to stay the court authorized release of payments to respondents from the escrow account, and
It is further ORDERED the motion is denied insofar as it seeks disgorgement without prejudice and leave to renew any arguments in support of or in opposition to this aspect of the motion in the parties' briefs and at oral argument.
Entered: February 24, 2020
Mark W. Bennett
Clerk of the Court