Longmore v. Kingston Hospital

—Spain, J.

Appeal from a judgment of the Supreme Court (Spargo, J.), entered December 18, 2002 in Ulster County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to state a cause of action.

*617Prior to 2002, Kingston Emergency Physicians, P.C. (hereinafter Kingston Emergency), an independent contractor, provided emergency medical services to respondent. Petitioner is an emergency room physician who was an employee of Kingston Emergency and worked in respondent’s emergency room. Petitioner was appointed a member of respondent’s Emergency Room Department…