Delahanty v. Lawrence Hospital

Appellate Division of the Supreme Court of New York

Delahanty v. Lawrence Hospital

78 A.D.2d 847, 435 N.Y.S.2d 425, 1980 N.Y. App. Div. LEXIS 13538

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 3, 1980

StatusPublished

This text of 78 A.D.2d 847 (Delahanty v. Lawrence Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delahanty v. Lawrence Hospital, 78 A.D.2d 847, 435 N.Y.S.2d 425, 1980 N.Y. App. Div. LEXIS 13538 (N.Y. Ct. App. 1980).

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Opinion

In a wrongful death action, based upon medical malpractice, defendants Voges, Putignano and D’Angelo appeal (1) from an order of the Supreme Court, Dutchess County, dated June 19, 1979, which denied their motion to strike plaintiff’s note of issue and statement of readiness on the ground that all preliminary proceedings had not been completed and (2) as limited by their brief, from so much of a further order of the same court, dated August 7,1979, as, upon reargument, adhered to the original determination. (We deem the notice of appeal dated August 20,1979, to recite that the appeal is from the order dated August 7,1979. See CPLR 5520, subd [c].) Appeal from the order dated June 19, 1979, dismissed as academic, without costs or disburse[848]*848ments. That order was superseded by the order granting reargument. Order dated August 7, 1979, affirmed insofar as appealed from, without costs or disbursements. No opinion. Titone, J. P., Mangano, Martuscello and Weinstein, JJ., concur.

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In a wrongful death action, based upon medical malpractice, defendants Voges, Putignano and D’Angelo appeal (1) from an order of the Supreme Court, Dutchess County, dated June 19, 1979, which denied their motion to strike plaintiff’s note of issue and statement of readiness on the ground that all preliminary proceedings had not been completed and (2) as limited by their brief, from so much of a further order of the same court, dated August 7,1979, as, upon reargument, adhered to the original determination. (We deem the notice of appeal dated August 20,1979, to recite that the appeal is from the order dated August 7,1979. See CPLR 5520, subd [c].) Appeal from the order dated June 19, 1979, dismissed as academic, without costs or disburse[848]*848ments. That order was superseded by the order granting reargument. Order dated August 7, 1979, affirmed insofar as appealed from, without costs or disbursements. No opinion. Titone, J. P., Mangano, Martuscello and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 847, 435 N.Y.S.2d 425, 1980 N.Y. App. Div. LEXIS 13538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delahanty-v-lawrence-hospital-nyappdiv-1980.