DESIREE NICOTRA V CNY FAMILY CARE, LLP , ST. JOSEPH'S HOSPITAL HEALTH CENTER, MARTIN WALDRON, M.D., AND EMERGENCY CARE
Motion No: CA 19-00753
Slip Opinion No: 2019 NY Slip Op 76515(U)
Decided on July 29, 2019
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.


July 29, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-00753

DESIREE NICOTRA, PLAINTIFF-RESPONDENT,

V

CNY FAMILY CARE, LLP, ET AL., DEFENDANTS,

ST. JOSEPH'S HOSPITAL HEALTH CENTER, MARTIN WALDRON, M.D.,

AND EMERGENCY CARE SERVICES OF NY, P.C.,

DEFENDANTS-APPELLANTS.



ST. JOSEPH'S IMAGING ASSOCIATES, PLLC, ET AL., THIRD-PARTY

PLAINTIFFS,

V

CHIROPRACTIC WELLNESS, PLLC AND FREDERICK GARDNER,

THIRD-PARTY DEFENDANTS-RESPONDENTS, ET AL., THIRD-PARTY

DEFENDANTS.

————————————————&mda sh;——————————

CHIROPRACTIC WELLNESS, PLLC, AND FREDERICK GARDNER,

FOURTH-PARTY PLAINTIFFS-APPELLANTS,

V

CNY FAMILY CARE, LLP, ET AL., FOURTH-PARTY DEFENDANTS, ST.

JOSEPH'S HOSPITAL HEALTH CENTER, MARTIN WALDRON, M.D., AND EMERGENCY CARE SERVICES OF NY, P.C.,

FOURTH-PARTY DEFENDANTS-RESPONDENTS.


Gregory William Canute, M.D., St. Joseph's Imaging Associates, PLLC, and Joseph Markham, M.D. having moved to dismiss, as to them, the appeals as taken herein from an order of the Supreme Court, Onondaga County, entered October 12, 2018, on the ground that they are not parties to the appeal,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are dismissed as moot (see 22 NYCRR 1250.2 [b] [1]).

Entered: July 29, 2019

Mark W. Bennett

Clerk of the Court