JEFFREY CONSTANTINE, M.D. V STELLA MARIS INSURANCE COMPANY, LTD., CATHOLIC HEALTH EAST, CATHOLIC HEALTH SYSTEM DOING
Motion No: CA 18-00330
Slip Opinion No: 2018 NY Slip Op 68946(U)
Decided on April 5, 2018
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


April 5, 2018

PRESENT: CENTRA, J.P., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

DOCKET NO. CA 18-00330

JEFFREY CONSTANTINE, M.D., PLAINTIFF-RESPONDENT,

V

STELLA MARIS INSURANCE COMPANY, LTD., CATHOLIC HEALTH EAST,

CATHOLIC HEALTH SYSTEM DOING BUSINESS AS SISTERS CHARITY

HOSPITAL, DEFENDANTS-APPELLANTS, MARY SERIO, NICHOLAS SERIO

AS PARENTS AND NATURAL GUARDIANS OF NICOLE SERIO, AN

INFANT, DEFENDANTS-RESPONDENTS.


Appellants having moved to withdraw, without prejudice, the appeals taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on April 26, 2017,

Now, upon reading and filing the affidavit of Amanda L. Lowe, Esq., sworn to February 22, 2018, the affirmations of David E. Gutowski, Esq., dated February 22, 2018, and March 1, 2018, the notice of motion with proof of service thereof, and the affirmation of William A. Quinlan, Esq., dated March 1, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted, and the appeals are deemed withdrawn without prejudice.

Entered: April 5, 2018

Mark W. Bennett, Clerk