Christine A. Basilicata as Administratrix v Barry M. Katzman M.D. Jyoti Shah M.D.

Motion No: M-4826

Slip Opinion No: 2018 NYSlipOp 89910(U)

Decided on December 4, 2018

Appellate Division, First 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.

December 4, 2018

Christine A. Basilicata, as Administratrix

of the Estate of Benjamin M. Diaz,

Deceased and Christine A. Basilicata,

individually,

Plaintiffs-Appellants,

v

Barry M. Katzman, M.D., Jyoti Shah, M.D.,

Boris Livshin, M.D. and Hillside Surgicare,

Defendants-Respondents.

Defendant-respondent Hillside Surgicare having moved for dismissal of the appeal taken from an order of the Supreme Court, Bronx County, entered on or about April 28, 2017, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the appeal is dismissed. ENTERED: December 4, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Marcy L. Kahn Jeffrey K. Oing Peter H. Moulton, Justices

M-4826

Index No. 26705/16E