Khanyile v. Roosevelt Hospital

In this medical malpractice action there were long periods of inactivity. The plaintiff failed to satisfy the conditions of a prior order vacating her default. Therefore, the IAS court acted within its discretion. Contrary to plaintiffs position, this *291action was not stayed because of proceedings brought in Federal court. The filing of a notice of appeal does not result in a stay. (Catalane v Plaza 400 Owners Corp., 124 AD2d 478, 480.) Concur—Murphy, P. J., Carro, Kassal and Rosenberger, JJ.