Draper v Faxton-St. Luke's Health Care
2007 NY Slip Op 07192 [43 AD3d 1389]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Laurence Draper, as Administrator of the Estate of Kristine M. Draper, Deceased, Respondent, v Faxton-St. Luke's Health Care, Doing Business as Subsidiary of Mohawk Valley Network, Inc., et al., Defendants, and John M. McKennan, M.D., et al., Appellants.

—[*1] Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Alicia M. Tisdell of counsel), for defendants-appellants.

Kenny & Kenny, PLLC, Syracuse (Erin K. Skuce of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (Robert F. Julian, J.), entered October 31, 2006. The order, insofar as appealed from, directed defendants John M. McKennan, M.D. and Oxford Medical Imaging, P.C. to deliver certain original x-ray films to the Chief Clerk of the Court upon completion of all depositions.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs. Present—Martoche, J.P., Smith, Peradotto, Green and Pine, JJ.