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MULLIGAN v. NEW YORK CORNELL MEDICAL CENTER

304 A.D.2d 492 (2003)

759 N.Y.S.2d 54

JUDY MULLIGAN, Individually and as Administrator of the Estate of PATRICK MULLIGAN, Deceased, Appellant, v. NEW YORK CORNELL MEDICAL CENTER et al., Defendants, and OTTIS W. ISOM, M.D., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 29, 2003.

Since the order of the IAS court was not predicated upon a motion on notice, it is not appealable as of right (CPLR 5701 [a] [2]). In the interest of justice, however, we deem the notice of appeal to be an application for leave to appeal to this Court, and, as such, grant leave for a determination on the merits (CPLR 5701 [c]; see Tutuianu v State of N.Y. Dept. of Social Servs., 242 A.D.2d 476 [1997]).

In light of the strong...

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