Estate of Toni Anne Simeone v Intermed Medical of N.Y., Inc.
Motion No: 2020-06211
Slip Opinion No: 2023 NY Slip Op 62931(U)
Decided on March 6, 2023
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287684

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2020-06211

Estate of Toni Ann Simeone, etc., et al,

respondents, v Intermed Medical of N.Y.,

Inc., et al., defendants, Irine Corst, etc.,

et al., appellants.

(Index No. 30403/2003)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated June 15, 2020. Motion by the appellant Osias Diaz, s/h/a John Doe, M.D. #1 to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed, pending hearing and determination of the appeal, and is otherwise denied.

CONNOLLY, J.P., CHAMBERS, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court