Opinion
Argued April 27, 2000.
June 19, 2000.
In an action to recover damages for medical malpractice, the defendants Marion Hansen and Dr. Judith Brook separately appeal from an order of the Supreme Court, Nassau County (Feuerstein, J.), dated August 31, 1998, which denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them with leave to renew upon a determination by the Workers' Compensation Board of whether the injured plaintiff is relegated to benefits under the Workers' Compensation Law, and the plaintiffs cross-appeal from the same order.
Gallagher, Walker, Bianco Plastaras, Mineola, N.Y. (Stephen P. Burke of counsel), for appellant-respondent Judith Brook.
Kral, Clerkin, Redmond, Ryan, Perry Girvan, New York, N Y (Thaddeus J. Rozanski and Justine L. Grisanti of counsel), for appellant-respondent Marion Hansen.
O'Brien Mayr, Rockville Centre, N.Y. (James M. O'Brien, Nicholas P. Calabria, and Diane C. Petillo of counsel), for respondents-appellants.
Before: THOMAS R. SULLIVAN, J.P., LEO F. McGINITY, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the cross appeal is dismissed as abandoned; and it is further,
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court properly refused to entertain the appellants' motions for summary judgment and properly referred the matter to the Workers' Compensation Board for a determination of whether the injured plaintiff had a valid claim for damages or whether he was relegated to benefits under the Workers' Compensation Law (see, Botwinick v. Ogden, 59 N.Y.2d 909; Manetta v. Town of Hempstead Day Care Ctr., 248 A.D.2d 517; Cronin v. Perry, 244 A.D.2d 448; Becker v. Clarkstown Cent. School Dist., 157 A.D.2d 641).
In light of our determination, we do not reach the parties' remaining contentions.