Shaw v. Kyong

— Defendant moves to dismiss plaintiff’s appeal taken from an order dated April 6, 1983, which denied plaintiff’s motion to vacate a finding of a medical malpractice panel (see Judiciary Law, § 148-a). Since such an order is not appealable as of right (see Marrico v Misericordia Hosp., 59 AD2d 680; Kletniecks v Brookhaven Mem. Assn., 53 AD2d 169) defendant’s motion is granted, without costs. Plaintiff cross-moves for permission to appeal from the subject order. It is our view that, pursuant to CPLR 5701 (subd [c]), such an order is appealable by permission (contra Marrico v Misericordia…