Hilts v FF Thompson Health Sys., Inc.
2010 NY Slip Op 08503 [78 AD3d 1689]
November 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


Sandra Hilts, Appellant-Respondent, v FF Thompson Health System, Inc., Doing Business as Thompson Health, et al., Respondents, and Robert J. Ostrander, M.D., Respondent-Appellant. (Appeal No. 1.)

—[*1] Pegalis & Erickson, LLC, Lake Success (Gerhardt M. Nielsen of counsel), for plaintiff-appellant-respondent.

Hirsch & Tubiolo, P.C., Rochester (Christopher S. Noone of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered June 23, 2009 in a medical malpractice action. The order granted in part and denied in part the motion of defendants for summary judgment.

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985). Present—Smith, J.P., Fahey, Lindley, Sconiers and Gorski, JJ.