Kilty v. Brooks

In an action to recover damages for medical malpractice, the plaintiffs appeal from (1) an order of the Supreme Court, Nassau County (Ain, J.), entered February 9, 1993, which granted the motion by Michael Brooks individually and Michael Brooks, P. C., and the cross motion by Smithtown General Hospital, to dismiss the complaint pursuant to CPLR 3216, and (2) so much of an *807order of the same court, entered July 6, 1993, as denied that branch of their motion which was to vacate the order dated February 9, 1993.

Ordered that the appeal from the order entered February 9, 1993, is withdrawn; and it…