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Nieves v. Union Hospital of the Bronx

234 A.D.2d 143 Court N.Y. App. Div. Decision date 1996-12-17 English

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p. 143
Rose Nieves et al, Appellants, v Union Hospital of the Bronx, Appellant, and City of New York, Respondent.
[651 NYS2d 39]

—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

p. 144
of 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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