Lidge v Niagara Falls Mem. Med. Ctr. (2005 NY Slip Op 03391)

Lidge v Niagara Falls Mem. Med. Ctr.

2005 NY Slip Op 03391 [17 AD3d 1036]

April 29, 2005

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 22, 2005

Terrence Lidge et al., Individually and as Administrators of the Estate of Tamir Victor Lidge, Deceased, Appellants, v Niagara Falls Memorial Medical Center and John L. DeFazio, M.D., Respondents. (Appeal No. 4.)

—[*1]Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 25, 2004. The order, upon plaintiffs' motion, settled the record on appeal.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by providing that the proposed amended complaint and expert disclosure statements shall be included in the record on appeal from the judgment and as modified the order is affirmed without costs.

Same memorandum as in Lidge v Niagara Falls Mem. Med. Ctr. (17 AD3d 1033 [2005]). Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Smith and Pine, JJ.