| DEBORAH PAYNE, AS HEALTH CARE PROXY FOR BRENDA CARABALLO V THE UNITY HOSPITAL OF ROCHESTER, DOING BUSINESS AS UNITY |
| Motion No: CA 21-01525 |
| Slip Opinion No: 2021 NY Slip Op 74556(U) |
| Decided on October 25, 2021 |
| 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 BANNISTER, JJ.
CA 21-01525
Index No: E21-00027
| DEBORAH PAYNE, AS HEALTH CARE PROXY FOR BRENDA
CARABALLO, PLAINTIFF-RESPONDENT, V THE UNITY HOSPITAL OF ROCHESTER, DOING BUSINESS AS UNITY HOSPITAL, AND
ROCHESTER REGIONAL HEALTH, DEFENDANTS-APPELLANTS. |
Defendants having moved, upon the return of an order to show cause granted by the Honorable Tracey A. Bannister on October 22, 2021, for a stay of all proceedings to enforce an order of the Supreme Court, Orleans County, entered October 22, 2021, pending the hearing and determination of the appeal taken herein, and having moved to vacate or modify Supreme Court's order entered October 22, 2021, pursuant to CPLR 5704 (a),
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 insofar as it seeks to modify Supreme Court's order entered October 22, 2021, is granted pursuant to CPLR 5704 (a) to the extent that the mandatory injunction contained in the second ordering paragraph requiring defendants to administer Ivermectin is stricken and vacated in its entirety on the ground that plaintiff failed to meet the standard for mandatory injunctive relief (see St. Paul Fire and Mar. Ins. Co. v York Claims Serv., 308 AD2d 347, 349 [1st Dept 2003]), and
It is further ORDERED that the appeal is dismissed (see Sholes v Meagher, 100 NY2d 333, 335 [2003]).
Entered: October 25, 2021
Ann Dillon Flynn
Clerk of the Court