| Z.M., AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN DEBORAH M., AND DEBORAH M., INDIVIDUALLY V LEAH KAUFMAN, M.D. |
| Motion No: CA 24-01322 |
| Slip Opinion No: 2025 NY Slip Op 71603(U) |
| Decided on June 9, 2025 |
| Appellate Division, Fourth 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. |
PRESENT: LINDLEY, J.P., CURRAN, MONTOUR, ODGEN, AND DELCONTE, JJ.
CA 24-01322
| Z.M., AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN DEBORAH M., AND
DEBORAH M., INDIVIDUALLY, PLAINTIFF-RESPONDENT, V LEAH KAUFMAN, M.D., ET AL., DEFENDANTS, CROUSE HOSPITAL, AIWA ONO, M.D.,
KHANH-HEIN TRAN, M.D., AND XUE CHI, M.D., DEFENDANTS-APPELLANTS. |
Defendants having moved pursuant to CPLR 5519 (c) to stay the trial in Supreme Court in the appeal taken herein from a decision and order of the Supreme Court, Onondaga County, dated July 22, 2024,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to a formal motion in Supreme Court for a stay of proceedings pursuant to CPLR 2201 (see Rhodes v Mosher, 115 AD2d 351, 351 [4th Dept 1985]; Matter of White v City of Jamestown, 242 AD2d 979, 980 [4th Dept 1997]), and an appeal from the order deciding that motion, if necessary.
Entered: June 9, 2025
Ann Dillon Flynn
Clerk of the Court