Appellate Division: Second Judicial Department

M302828

AFA/

MARK C. DILLON, J.P.

PAUL WOOTEN

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2023-08373 Paula Dinu, appellant-respondent, v Northwell Health, respondent-appellant, Michael J. Dowling, et al., defendants-appellants; Phelps Memorial Hospital Association, nonparty- respondent-appellant. (Index No. 52531/2022)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an amended order of the Supreme Court, Dutchess County, dated August 4, 2023. Motion by the appellant-respondent, inter alia, to deem the notice of appeal to reflect that the appeal is also from an order of the same court dated September 25, 2024. Cross-motion by Northwell Health, Michael J. Dowling, Eileen Egan, Tracy Feiertag, Michael Glennon, Carolyn Bossinas, and Phelps Memorial Hospital Association to dismiss the appeal, inter alia, on the ground it has been rendered academic, and to impose a sanction upon the appellant-respondent and her counsel.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross-motion which is to dismiss the appeal, inter alia, on the ground it has been rendered academic, is held in abeyance and referred to the panel of Justices hearing the appeal and cross-appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross-motion which is to impose a sanction upon the appellant-respondent and her counsel is denied.

DILLON, J.P., WOOTEN, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court