Opinion
Motion No: CA 18-00700
05-15-2018
NOWELLE BIGELOW, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF RYAN DASHAWN ROBINSON, II, AND INFANT, PLAINTIFF-RESPONDENT, v. HAMILTON MEDICAL, INC., ET AL., DEFENDANTS, HOLLY PAYNE, RT, CURRINA STONE, RN, ANNA RUSTIN, RN, LINDSAY VALDEZ, RN, EVELYN KHORIATY, M.D., DEFENDANTS-APPELLANTS, SUNY UPSTATE MEDICAL UNIVERSITY HOSPITAL, NON-PARTY APPELLANT.
PRESENT:
Appellants having moved, pursuant to CPLR 5519 (a) (1), upon the return of an order to show cause granted by the Honorable Brian F. DeJoseph on April 19, 2018, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 16, 2018, pending the hearing and determination of the appeal taken herein, and SUNY Upstate Medical University Hospital having moved for leave to intervene and appear as an appellant in the appeal,
Now, upon reading and filing the affirmation of Maureen MacPherson, Esq., dated April 16, 2018, said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that intervenor-appellant state hospital is granted leave to intervene and appear as an appellant in the appeal, and
It is further ORDERED that the motion is otherwise dismissed insofar as it seeks a stay or injunctive relief on the ground that the order appealed is automatically stayed pursuant to CPLR 5519 (a) (1).
Entered: May 15, 2018
Mark W. Bennett, Clerk