[*1]
Apollo-Wallace v Finger
2004 NY Slip Op 50379(U)
Decided on May 4, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 4, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., GOLIA and RIOS, JJ.
NO. 2003-1217 K C

RITA APOLLO-WALLACE, Respondent, DR.

against

STEPHEN FINGER, Appellant.


Appeal by defendant from an order of the Civil Court, Kings County (S. Hinds-Radix, J.), entered May 12, 2003, which denied defendant's motion to dismiss the complaint.


Appeal unanimously dismissed.

By order entered March 12, 2004 the Civil Court granted defendant's motion for summary judgment dismissing the complaint on the ground that defendant was not liable for medical malpractice as a matter of law. In light of the foregoing, the instant
appeal must be dismissed as academic since any determination by this court will not
immediately affect the rights of the parties with respect to this action (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 [1980]).

Decision Date: May 04, 2004