Colligan v. Sumner

Full title: MARILYN COLLIGAN et al., Appellants, v. PHILIP SUMNER, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 15, 1985

112 A.D.2d 265 (N.Y. App. Div. 1985)

Opinion

July 15, 1985

Appeal from the Supreme Court, Nassau County (Meade, J.).

Appeal dismissed, without costs or disbursements.

Orders denying vacatur of the findings of medical malpractice panels are not appealable as of right and will be reviewed "only by leave of this court upon a demonstration of good cause shown" ( Kletnieks v. Brookhaven Mem. Assn., 53 A.D.2d 169, 174). Upon a review of the record, we find that plaintiffs have failed to sustain their burden of demonstrating "good cause" to warrant granting leave to appeal from the order in question. Mangano, J.P., Gibbons, Bracken and O'Connor, JJ., concur.