| Michael Plumb v Jorge L. Ferreiro |
| 2004 NY Slip Op 01955 [5 AD3d 1128] |
| Decided on March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., PINE, SCUDDER, GORSKI, AND HAYES, JJ.
333 CA 03-01743
[*1]MICHAEL PLUMB, PLAINTIFF-RESPONDENT, ORDER
v
JORGE L. FERREIRO, M.D., ET AL., DEFENDANTS, AND MARGARET ALBANESE, M.D., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered October 18, 2002. The order denied the motion of defendant Margaret Albanese, M.D. for summary judgment dismissing the complaint against her in a medical malpractice action.
SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (LAURENCE F. SOVIK OF COUNSEL), FOR DEFENDANT-APPELLANT.
PETER M. HOBAICA, LLC, UTICA (PETER M. HOBAICA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties and filed in the Oneida County Clerk's Office on January 21, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: March 19, 2004
JoAnn M. Wahl
Clerk of the Court