A.B. Medical Services, PLLC v. Travelers Indemnity Co.

OPINION OF THE COURT

Memorandum.

Ordered that, on the court’s own motion, the notice of appeal from so much of the order entered May 21, 2008 as, sua sponte, stayed the action is treated as an application for leave to appeal from that portion of the order, and leave to appeal from that portion of the order is granted (see UDCA 1702 [c]); and it is further,

Ordered that the order entered May 21, 2008, insofar as appealed from, is reversed without costs, the provisions thereof which denied without prejudice plaintiffs motion for summary judgment and, sua sponte, stayed the action are stricken, and…