Nieves v. Union Hospital of the Bronx

Appellate Division of the Supreme Court of New York

Nieves v. Union Hospital of the Bronx

234 A.D.2d 143, 651 N.Y.S.2d 39, 1996 N.Y. App. Div. LEXIS 12538

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

DecidedDecember 17, 1996

StatusPublished

Cited by1 cases

This text of 234 A.D.2d 143 (Nieves v. Union Hospital of the Bronx) 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

Nieves v. Union Hospital of the Bronx, 234 A.D.2d 143, 651 N.Y.S.2d 39, 1996 N.Y. App. Div. LEXIS 12538 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Appeals from order, Supreme Court, Bronx County (Douglas McKeon, J.), entered September 14, 1995, which, sua sponte, deemed the action dismissed as against defendant-respondent City unless either plaintiff-appellant or defendant-appellant advised the court in writing by a date certain of a theory of liability against defendant-respondent, unanimously dismissed, without costs.

Inasmuch as the order was conditional, appellants were not “ 'aggrieved’ ” and their appeals are at best premature (Matter [144]*144of Leo T., 87 AD2d 297, 298). Furthermore, since plaintiff has submitted the necessary response to the court, the proposed dismissal would now appear moot. Concur—Milonas, J. P., Wallach, Kupferman, Ross and Williams, JJ.

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—Appeals from order, Supreme Court, Bronx County (Douglas McKeon, J.), entered September 14, 1995, which, sua sponte, deemed the action dismissed as against defendant-respondent City unless either plaintiff-appellant or defendant-appellant advised the court in writing by a date certain of a theory of liability against defendant-respondent, unanimously dismissed, without costs.

Inasmuch as the order was conditional, appellants were not “ 'aggrieved’ ” and their appeals are at best premature (Matter [144]*144of Leo T., 87 AD2d 297, 298). Furthermore, since plaintiff has submitted the necessary response to the court, the proposed dismissal would now appear moot. Concur—Milonas, J. P., Wallach, Kupferman, Ross and Williams, JJ.

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Bluebook (online)

234 A.D.2d 143, 651 N.Y.S.2d 39, 1996 N.Y. App. Div. LEXIS 12538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nieves-v-union-hospital-of-the-bronx-nyappdiv-1996.

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