KATHLEEN GUMKOWSKI, AS ADMINISTRATRIX OF THE ESTATE OF GREGORY GUMKOWSKI, DECEASED, AND KATHLEEN GUMKOWKSI

KATHLEEN GUMKOWSKI, AS ADMINISTRATRIX OF THE ESTATE OF GREGORY GUMKOWSKI, DECEASED, AND KATHLEEN GUMKOWKSI

Motion No: CA 19-01153

Slip Opinion No: 2019 NY Slip Op 83185(U)

Decided on October 28, 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.

October 28, 2019

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

CA 19-01153

KATHLEEN GUMKOWSKI, AS ADMINISTRATRIX OF THE ESTATE OF
GREGORY GUMKOWSKI, DECEASED, AND KATHLEEN GUMKOWKSI,
INDIVIDUALLY, PLAINTIFF-RESPONDENT,
V
THOMAS SCHWAAB, M.D., ET AL.,DEFENDANTS,
KENMORE MERCY HOSPITAL, CATHOLIC HEALTH SYSTEM, INC.,
DEFENDANTS-APPELLANTS.

Appellants having moved to withdraw the appeal taken herein from an order of the Supreme Court, Erie County, entered December 17, 2018,

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 motion is granted and the appeal is dismissed without costs.

Entered: October 28, 2019

Mark W. Bennett

Clerk of the Court