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GRECO v. SYRACUSE ASC, LLC

229 CA 22-01688.

218 A.D.3d 1159 (2023)

192 N.Y.S.3d 390

2023 NY Slip Op 03988

Gretchen Greco, Individually and on Behalf of All Others Similarly Situated, Respondent, v. Syracuse ASC, LLC, Doing Business as Specialty Surgery Center of Central New York, Appellant. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 28, 2023.

Attorney(s) appearing for the Case

WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, WHITE PLAINS ( MELISSA A. MURPHY-PETROS OF COUNSEL), FOR DEFENDANT-APPELLANT.

FINKELSTEIN, BLANKENSHIP, FREI-PEARSON & GARBER, LLP, WHITE PLAINS ( DOUGLAS G. BLANKENSHIP OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present —Smith, J.P., Lindley, Curran and Ogden, JJ.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered September 22, 2022. The order denied the motion of defendant for a stay of all proceedings pending appeal.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Greco v Syracuse ASC, LLC ([appeal No. 1] 218 A.D.3d 1156 [4th Dept, July...

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