Reiss v. Roadhouse Rest.
| Decision Date | 23 February 2010 |
| Citation | 70 A.D.3d 1021,897 N.Y.S.2d 450 |
| Parties | Deanna REISS, appellant, v. ROADHOUSE RESTAURANT, et al., defendants; Healthcare Recoveries, Inc., et al., intervenors-respondents. |
| Court | New York Supreme Court — Appellate Division |
70 A.D.3d 1021
Deanna REISS, appellant,
v.
ROADHOUSE RESTAURANT, et al., defendants;
Healthcare Recoveries, Inc., et al., intervenors-respondents.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 23, 2010.
Howard M. File, Esq., P.C., Staten Island, N.Y. (Martin Rubenstein of counsel), for appellant.
Korybski & Levinson, LLP, New York, N.Y. (Scott S. Levinson and Janet D. Cebula of counsel), for intervenors-respondents.
REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, PLUMMER E. LOTT, and LEONARD B. AUSTIN, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals (1) from an order of the Supreme Court, Richmond County (Minardo, J.), dated January 31, 2007, which (a) held in abeyance her motion, in effect, for summary judgment declaring that Group Health Incorporated and Healthcare Recoveries, Inc., have no valid claim to the proceeds of the settlement of the action and directing that the law firm of Gross Schwartz Goldston & Campisi, LLP, pay her settlement proceeds in the principal sum of $134,085.29, plus interest, that it held in an interest-bearing escrow account (b), sua sponte, granted Group Health Incorporated and Healthcare Recoveries, Inc., leave to intervene in the action, and (c) directed a hearing to determine if the settlement proceeds included any sum for past medical expenses that must be reimbursed to Group Health Incorporated for medical benefits which it paid on her behalf, (2) from an order of the same court dated November 16, 2007, which (a), in effect, held in abeyance her motion to reject the first report of a judicial hearing officer (Pizzuto, J.H.O.), dated October 1, 2007, made after a hearing, finding that Group Health Incorporated was entitled to be reimbursed from the settlement proceeds for medical expenses it paid on her behalf, and (b), sua sponte, directed a hearing to determine the amount that Group Health Incorporated incurred in medical expenses related to the injuries sustained by her as a result of the subject accident, and (3), as limited by her brief, from so much of an order of the same court dated December 19, 2008, as (a) denied her motion, in effect, to reject the first report of the judicial
ORDERED that the appeal from the order dated January 31, 2007, is dismissed, as no appeal lies as of right from an order which does not determine a motion made on notice or from an order directing a hearing to aid in the determination of a motion, and we decline to grant leave to appeal ( see CPLR 5701[a][2]; Ciprijan v. Stone, 65 A.D.3d 659, 883 N.Y.S.2d 920; Zoref v. Glassman, 44 A.D.3d 1036, 843 N.Y.S.2d 834); and it is further,
ORDERED that the appeal from the order dated November 16, 2007, is dismissed, as no appeal lies as of right from an order directing a hearing to aid in the
ORDERED that the order dated...
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