Nicholas Wilder v Fresenius Medical Care Holdings Inc. doing business as Fresenius Medicare

Motion No: M-962

Slip Opinion No: 2020 NYSlipOp 71641(U)

Decided on September 17, 2020

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.

September 17, 2020

Nicholas Wilder,

Plaintiff-Appellant,

v

Fresenius Medical Care Holdings, Inc.

doing business as Fresenius Medicare

Care North America, et al.,

Defendants-Respondents.

An appeal having been taken to this Court from orders of the Supreme Court, New York County, entered on or about January 10, 2020 and on or about August 16, 2019, And plaintiff-appellant having moved for an order: (i) staying the underlying proceeding in this matter, and (ii) enjoining defendants from terminating his medical treatment pending the hearing and determination of the appeal, And an interim stay having been granted by an order of a Justice of this Court dated February 7, 2020, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion for a stay is denied. The interim stay granted by an order of a Justice of this Court, dated February 7, 2020, shall continue for a period of sixty days from the date of this order to allow plaintiff-appellant to find alternative providers for his medical condition, and is thereafter vacated. ENTERED: SEPTEMBER 17, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Troy K. Webber Lizbeth GonzÁlez, Justices

M-962

Index No. 100841/18