Rosa v. Kulkarni

Kupferman, J. P., and Silverman, J.,

dissent in a memorandum by Silver-man, J., as follows: We would affirm the order appealed from. Apart from other problems, the experience with medical malpractice panels established under section 148-a of the Judiciary Law has been that with the ever-increasing volume of medical malpractice cases and the difficulty in assembling medical malpractice panels, the backlog of cases awaiting hearing before medical malpractice hearing panels has constantly increased and trials of medical malpractice actions have been delayed — the Trial Justice said “for years” —…