ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the plaintiffs' motion for leave to amend their complaint to allege a cause of action against the defendant New York Methodist Hospital based upon the Emergency Medical Treatment and Active Labor Act (42 U.S.C. — 1395dd). While CPLR 3025(b) provides that leave to amend "shall be freely given upon such terms as may be just", if the proposed amendment is "patently lacking in merit", it will not be permitted, and leave should be denied as a matter of law (Parisi v. Leppard, 237 A.D.2d 419, 419-420; see, Zabas v. Kard, 194 A.D.2d 784). In this case, the proposed amendment was patently without merit (see, Reynolds v. MaineGeneral Health, 218 F.3d 78, 83; Vickers v. Nash General Hosp., 78 F.3d 139, 145; Lear v. Genesee Mem. Hosp., 254 A.D.2d 707). Accordingly, leave to amend was properly denied.
H. MILLER, J.P., TOWNES, CRANE and COZIER, JJ., concur.