Appellate Division of the Supreme Court of the State of New York March 7, 2005 (Del Maestro v. Grecco)

*365In an action, inter alia, to recover damages for medical malpractice, the plaintiffs appeal from (1) an order of the Supreme Court, Richmond County (Aliotta, J.), dated June 23, 2003, which, after a hearing, granted the defendants’ motion to preclude the testimony of the plaintiffs’ expert, and (2) an order of the same court dated July 15, 2003, which, sua sponte, dismissed the complaint.