| FLORENCE LOUISE HARMS, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ROBERT L. HARMS, DECEASED V CLEMENTIA LEWIS, M.D. |
| Motion No: CA 25-00918 |
| Slip Opinion No: 2025 NY Slip Op 73277(U) |
| Decided on July 17, 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: CURRAN, J.P. MONTOUR, OGDEN, GREENWOOD, AND NOWAK, JJ.
CA 25-00918
| FLORENCE LOUISE HARMS, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF
ROBERT L. HARMS, DECEASED, PLAINTIFF-RESPONDENT, V CLEMENTIA LEWIS, M.D., ET AL., DEFENDANTS, TLC HEALTH NETWORK AND LAKE SHORE
HEALTH CARE CENTER, DEFENDANTS-APPELLANTS. |
Appellants having moved for a partial stay of enforcement of the order appealed pursuant to CPLR 5519 (c) on the appeal taken herein from an order of the Supreme Court, Erie County, entered May 1, 2025,
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 insofar as it seeks a partial stay of enforcement of the order appealed pursuant to CPLR 5519 (c) is granted to the extent that the directives requiring: (1) further depositions of representatives from defendant Lake Shore Health Care Center, (2) production of audit log information, and (3) inspection of Lake Shore Health Care Center's electronic medical record system are stayed pending the hearing and determination of the appeal, on the condition that the appeal is perfected on or before August 10, 2025, and
It is further ORDERED that if the appeal is so perfected, it shall be added to the Term of this Court commencing December 1, 2025.
Entered: July 17, 2025
Ann Dillon Flynn
Clerk of the Court