RAAB, JAMIE v. KALEIDA HEALTH

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

34 CA 12-00864 PRESENT: SMITH, J.P., FAHEY, VALENTINO, WHALEN, AND MARTOCHE, JJ.

JAMIE RAAB, PLAINTIFF-RESPONDENT,

V ORDER

KALEIDA HEALTH, THE CHILDREN’S HOSPITAL OF BUFFALO, JOHN FAHRBACH, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

DAMON MOREY LLP, BUFFALO (BARBARA L. SCHIFELING OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

GAIR, GAIR, CONASON, STEIGMAN & MACKAUF, NEW YORK CITY (JEFFREY B. BLOOM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

CONNORS & VILARDO, LLP, BUFFALO (MICHAEL J. ROACH OF COUNSEL), FOR DEFENDANTS VEETAI LI, M.D. AND UNIVERSITY AT BUFFALO NEUROSURGERY, INC.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 20, 2011. The order denied the motion of defendants Kaleida Health, The Children’s Hospital of Buffalo and John Fahrbach for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on March 19 and 29, 2013, and filed in the Erie County Clerk’s Office on April 9, 2013,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: April 26, 2013 Frances E. Cafarell Clerk of the Court