| Kennedy v Kaleida Health |
| 2005 NY Slip Op 00864 [15 AD3d 1014] |
| Decided on February 4, 2005 |
| 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 February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, GORSKI, LAWTON, AND HAYES, JJ.
1546 CA 04-00678
[*1]MARYEILEEN KENNEDY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF MAGGIE M. KENNEDY, AN INFANT, PLAINTIFF-RESPONDENT, ORDER
v
KALEIDA HEALTH, DEFENDANT-APPELLANT. (APPEAL NO. 1.)
Appeal from a judgment of the Supreme Court, Erie County (Peter J. Notaro, J.), entered November 21, 2003. The judgment was entered upon a jury verdict in favor of plaintiff on the issue of liability.
DAMON & MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANT-APPELLANT.
CONNORS & VILARDO, LLP, BUFFALO (JOHN T. LOSS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on January 24, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court