In re Joint Diseases North General Hospital

Mahoney, P. J., and Harvey, J.,

concur in a memorandum by Mahoney, P. J. Mahoney, P. J. (concurring). We agree that the order must be vacated and the compromise approved but write separately to explain the bases for our view. As to the procedural posture of this matter, we do not believe that an *877appeal from the ex parte order lies as of right (CPLR 5701 [a] [2]; Matter of McKee v Coughlin, 142 AD2d 798). We also reject the availability of review under CPLR 5704 (a) since there is no adverse party as contemplated by the statute. To the extent that this view is contrary to our holding in Matter…