Malec v Snyderman
2008 NY Slip Op 00874 [48 AD3d 1131]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Scott Malec et al., Respondents, v Michael Snyderman, M.D., Appellant. (Appeal No. 2.)

—[*1] Brown & Tarantino, LLC, Buffalo (Tamsin J. Hager of counsel), for defendant-appellant.

O'BrienBoyd, P.C., Williamsville (Jordan I. Thomas of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered October 16, 2006 in a personal injury action. The order, insofar as appealed from, upon reargument, adhered to the court's prior decision in appeal No. 1.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot. Present—Scudder, P.J., Hurlbutt, Gorski, Centra and Pine, JJ.