Opinion
February 1, 1994
Appeal from the Supreme Court, New York County [Edward Greenfield, J.].
There was substantial evidence that the hospital nursing staff was capable of attending to petitioner's medical problems obviating the need for 24-hour private duty nursing care ( 10 NYCRR 85.33 [c]; 18 NYCRR 505.8 [c]). Petitioner's other claims are not properly before this Court since the IAS Court stayed determination of those issues pending decision on the substantial evidence question.
Concur — Murphy, P.J., Carro, Wallach and Ross, JJ.