Conklin v. Montefiore Hospital & Medical Center

An order denying a party’s motion to vacate the medical malpractice mediation panel’s finding is not appealable as of right, and in this Department is not even appealable by permission (Marrico v Misericordia Hosp., 59 AD2d 680). However, such order has been viewed as appealable by permission in other Departments (see Murphy v Telesha, 67 AD2d 701; Kletnieks v Brookhaven Mem. Assn., 53 AD2d 169; see, also, Musso v Westfield Mem. Hosp., 64 AD2d 851). As the instant matter does not involve an appeal from an order denying or granting a motion to vacate a finding by the medical malpractice…