Grafi v. Solomon

—In an action to recover damages for medical malpractice, etc., the defendant Stephen Solomon appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (DeMaro, J.), dated September 6, 1999, as granted that branch of the plaintiffs’ motion which was to direct him to attend a further pretrial deposition to answer questions as to his mental or physical condition.

Ordered that on the Court’s own motion, the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordere…