Gallagher v Northwell Health, Inc.
Motion No: 2022-02576
Slip Opinion No: 2025 NY Slip Op 81642(U)
Decided on December 3, 2025
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

M309847

KS/

HECTOR D. LASALLE, P.J.

WILLIAM G. FORD

HELEN VOUTSINAS

JAMES P. MCCORMACK, JJ.

2022-02576

Jean M. Gallagher, plaintiff-respondent,

v Northwell Health, Inc., et al., defendants,

North Shore University Hospital, et al., appellants,

Jonathan D. Herman, etc., et al., defendants-responde

(Index No. 610559/2017)

ORDER TO SHOW CAUSE




nts.

Appeal from an amended order of the Supreme Court, Nassau County, dated March 11, 2022. Application by the appellants to withdraw the appeal. The appellants perfected the appeal on January 4, 2023, the plaintiff-respondent filed a brief on September 7, 2023, and the appellants filed a reply brief on October 10, 2023. On October 23, 2025, the matter was placed on the calendar for November 10, 2025. On October 30, 2025, counsel for the appellants notified this Court of a potential settlement of the action. On November 25, 2025, the parties submitted a stipulation withdrawing the appeal. Documentation submitted to this Court with the stipulation indicated that the parties reached a settlement of the action in principle on October 21, 2025.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, counsel for appellants, and Miller, Montiel & Strano, P.C. and Thomas Torto, Esq., counsel for the plaintiff-respondent, are directed to show cause before this Court why an order should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 1250.2(c) as this Court may deem appropriate, by serving and filing, via NYSCEF, a digital copy of an affirmation or an affidavit on that issue on or before January 2, 2026; and it is further,

ORDERED that the application is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this order to show cause upon counsel by uploading a copy of this order to show cause to the NYSCEF system.

LASALLE, P.J.,FORD, VOUTSINAS and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court