Parascandola v. Kaplan

Appellate Division of the Supreme Court of New York

Parascandola v. Kaplan

108 A.D.2d 737, 485 N.Y.S.2d 715, 1985 N.Y. App. Div. LEXIS 43072

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

DecidedFebruary 4, 1985

StatusPublished

This text of 108 A.D.2d 737 (Parascandola v. Kaplan) 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

Parascandola v. Kaplan, 108 A.D.2d 737, 485 N.Y.S.2d 715, 1985 N.Y. App. Div. LEXIS 43072 (N.Y. Ct. App. 1985).

Pincite

Opinion

In a medical malpractice action, defendant physicians appeal from an order of the Supreme Court, Suffolk County (Mclnerney, J.), [738]*738dated March 21, 1984, which denied their motion for reargument of the motion which resulted in an order dated February 2, 1984, imposing sanctions upon the codefendant hospital pursuant to CPLR 3126.

Appeal dismissed, without costs or disbursements.

An order denying reargument is not appealable (see, Shapiro v Congregation B’Nai Abraham, 100 AD2d 847). We note that to the extent these defendants have contended in their reply brief that they are appealing from the order dated February 2, 1984, such an appeal was not properly perfected and, in any event, the appeal is moot in view of the disposition on the companion appeal by St. John’s Episcopal Hospital (see, Parascandola v Kaplan, 108 AD2d 738). Gibbons, J. P., O’Connor, Niehoff and Lawrence, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a medical malpractice action, defendant physicians appeal from an order of the Supreme Court, Suffolk County (Mclnerney, J.), [738]*738dated March 21, 1984, which denied their motion for reargument of the motion which resulted in an order dated February 2, 1984, imposing sanctions upon the codefendant hospital pursuant to CPLR 3126.

Appeal dismissed, without costs or disbursements.

An order denying reargument is not appealable (see, Shapiro v Congregation B’Nai Abraham, 100 AD2d 847). We note that to the extent these defendants have contended in their reply brief that they are appealing from the order dated February 2, 1984, such an appeal was not properly perfected and, in any event, the appeal is moot in view of the disposition on the companion appeal by St. John’s Episcopal Hospital (see, Parascandola v Kaplan, 108 AD2d 738). Gibbons, J. P., O’Connor, Niehoff and Lawrence, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

108 A.D.2d 737, 485 N.Y.S.2d 715, 1985 N.Y. App. Div. LEXIS 43072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parascandola-v-kaplan-nyappdiv-1985.

Opinion

Related

Cite This Page — Counsel Stack