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Interfaith Medical Center v. Cynthia John

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department


December 19, 2011

INTERFAITH MEDICAL CENTER,
APPELLANT,
v.
CYNTHIA JOHN,
RESPONDENT.

Appeal from two orders of the Civil Court of the City of New York, Kings County (Noach Dear, J.), both dated June 14, 2010.

Interfaith Med. Ctr. v John

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 19, 2011

PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ

The orders, respectively, denied plaintiff's motion for summary judgment and dismissed the complaint without prejudice.

ORDERED that the appeal is dismissed.

The appeal from the order dismissing the complaint without prejudice is dismissed, as no appeal as of right lies from either a sua sponte order (see CCA 1702 [a] [2]; Sholes v Meagher, 100 NY2d 333 [2003]) or an order which does not determine a motion made on notice (see CCA 1702; Wright v Stam, 81 AD3d 721 [2011]), and leave to appeal has not been granted. In light of the dismissal of the complaint, the appeal from the order denying plaintiff's motion for summary judgment must be dismissed as academic (see Livny v Rotella, 305 AD2d 377 [2003]). We note that plaintiff is not without remedies, including the commencement of a new action or causing a judgment to be entered dismissing this action and appealing therefrom.

Steinhardt, J.P., Pesce and Weston, JJ., concur.

Decision Date: December 19, 2011

20111219

© 1992-2011 VersusLaw Inc.



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