Opinion
2021-74556 Motion CA 21-01525
10-25-2021
DEBORAH PAYNE, AS HEALTH CARE PROXY FOR BRENDA CARABALLO, PLAINTIFF-RESPONDENT, v. THE UNITY HOSPITAL OF ROCHESTER, DOING BUSINESS AS UNITY HOSPITAL, AND ROCHESTER REGIONAL HEALTH, DEFENDANTS-APPELLANTS. Index No. E21-00027
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND BANNISTER, JJ.
Defendants having moved, upon the return of an order to show cause granted by the Honorable Tracey A. Bannister on October 22, 2021, for a stay of all proceedings to enforce an order of the Supreme Court, Orleans County, entered October 22, 2021, pending the hearing and determination of the appeal taken herein, and having moved to vacate or modify Supreme Court's order entered October 22, 2021, pursuant to CPLR 5704 (a), 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 to modify Supreme Court's order entered October 22, 2021, is granted pursuant to CPLR 5704 (a) to the extent that the mandatory injunction contained in the second ordering paragraph requiring defendants to administer Ivermectin is stricken and vacated in its entirety on the ground that plaintiff failed to meet the standard for mandatory injunctive relief (see St. Paul Fire and Mar. Ins. Co. v York Claims Serv., 308 A.D.2d 347, 349 [1st Dept 2003]), and It is further ORDERED that the appeal is dismissed (see Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]).