Opinion
July 30, 1990
Appeal from the Supreme Court, Queens County (Nahman, J.).
Ordered that the appeal is dismissed, without costs or disbursements.
An order denying a motion to designate a specific type of practitioner as a panelist on a medical malpractice panel is not appealable as of right pursuant to CPLR 5701 (see, Kletnieks v Brookhaven Mem. Assn., 53 A.D.2d 169, 174; 7 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 5701.16b). The legislative intent underlying Judiciary Law § 148-a was to provide an expeditious and informal resolution of malpractice litigation. To permit appeals as of right from orders of this kind would thwart the legislative intent (see, Kletnieks v. Brookhaven Mem. Assn., supra). Furthermore, Judiciary Law § 148-a (8) permits counsel to explore the claimed underlying infirmities of nonbinding panel determinations at the trial of the action. Thus, an appeal from an order denying relief with respect to a medical malpractice panel is permitted only by leave upon a demonstration of good cause shown (see, Sniedze v. South Nassau Community Hosp., 147 A.D.2d 630; Colligan v. Sumner, 112 A.D.2d 265; Kletnieks v Brookhaven Mem. Assn., supra). We find that the appellant has failed to sustain his burden of demonstrating "good cause" to warrant granting leave to appeal from the order in question (see, Judiciary Law § 148-a [6]; Ceriello v. Brunswick Hosp. Center, 157 A.D.2d 701, citing Bernstein v. Bodean, 53 N.Y.2d 520, 528-529; Kletnieks v. Brookhaven Mem. Assn., supra). Bracken, J.P., Kunzeman, Eiber and O'Brien, JJ., concur.