Fernandez v. Minsky
| Decision Date | 29 September 1997 |
| Parties | , 1997 N.Y. Slip Op. 8175 Ramel FERNANDEZ, etc., et al., Appellants, v. Arnold A. MINSKY, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Rosenberg, Minc & Armstrong, New York (Peter D. Rosenberg, of counsel), for appellants.
Amabile & Erman, P.C., Staten Island (Karen Hauss, of counsel), for respondents Arnold A. Minsky and Ocean Parkway Pediatric Group, Inc.
Before MANGANO, P.J., and COPERTINO, JOY, FLORIO and LUCIANO, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for medical malpractice, etc., the appeal, as limited by the appellants' brief, is from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated October 22, 1996, as (1) denied that branch of a motion which was to vacate the dismissal of the plaintiffs' complaint for failure to serve and file a note of issue, and (2) denied as academic that branch of the motion in which counsel sought to be relieved from representing the plaintiffs.
ORDERED that no further proceedings shall be taken against the plaintiffs, without leave of the Supreme Court, Kings County, until the expiration of 30 days after service upon them personally of a copy of this decision and order, with notice of entry.
In the instant case the Supreme Court dismissed the plaintiffs' complaint, apparently pursuant to CPLR 3216(a), based upon the plaintiffs' failure to serve and file a note of issue as directed by the court. Thereafter, the Supreme Court denied that branch of the motion which was to vacate the dismissal of the plaintiffs' complaint and that branch of the motion in which counsel sought to be relieved from representing the plaintiffs. We revers...
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