James v Wormuth
2012 NY Slip Op 02195 [93 AD3d 1290]
March 23, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


Marguerite James, Appellant, v David Wormuth, M.D., et al., Respondents. (Appeal No. 1.)

—[*1] Woodruff Lee Carroll, Syracuse, for plaintiff-appellant.

Martin, Ganotis, Brown, Mould & Currie, P.C., Dewitt (Daniel P. Laraby of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered January 11, 2011 in a medical malpractice action. The order granted the motion of defendants at the close of plaintiff's proof to dismiss the amended complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present—Scudder, P.J., Smith, Fahey, Carni and Sconiers, JJ.