Kapur v Long Island Jewish Medical Center
Motion No: 2023-02299
Slip Opinion No: 2024 NY Slip Op 64974(U)
Decided on March 29, 2024
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

M295281

AFA/

FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2023-02299

Pooja Babbar Kapur, appellant,

v Long Island Jewish Medical Center,

et al., defendants, Nicole Smizer, etc.,

et al., respondents.

(Index No. 614969/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated October 13, 2022. Motion by the respondents Nicole Smizer and Women for Women Obstetrics & Gynecology, LLC, inter alia, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court entered November 30, 2022. Motion by the respondent Marni Jae Sanders, inter alia, to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the same court entered November 30, 2022.

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

ORDERED that the branches of the motions which are to dismiss the appeal are granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241), and the motions are otherwise denied as academic.

CONNOLLY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court