Tombari v Kaleida Health
2007 NY Slip Op 03419 [39 AD3d 1194]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


Emmanuel Tombari, on Behalf of L.C.T., a Minor, Respondent, v Kaleida Health, Doing Business as The Children's Hospital of Buffalo, Now Known as The Women and Children's Health Research Foundation and The Children's Hospital of Buffalo, Inc., et al., Appellants, et al., Defendants.

—[*1] Gibson, Mc Askill & Crosby, LLP, Buffalo (Mark Spitler of counsel), for defendants-appellants.

Siegel, Kelleher & Kahn, Buffalo (Timothy O'Connell of counsel) and Gary B. Pillersdorf & Associates, P.C., New York City, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered April 18, 2006. The order, among other things, granted plaintiff's motion for leave to amend the summons and complaint.

Now, upon reading and filing the stipulation signed by the attorneys for the parties on March 14, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Smith, Peradotto and Pine, JJ.