Bruno v Gosy
2008 NY Slip Op 00884 [48 AD3d 1146]
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


RoseAnn Bruno et al., Appellants, v Eugene J. Gosy, M.D., et al., Respondents, et al., Defendants. (Appeal No. 1.)

—[*1] Tronolone & Surgalla, P.C., Buffalo (Daniel G. Tronolone of counsel), for plaintiffs-appellants.

Damon & Morey LLP, Buffalo (Michael J. Willett of counsel), for defendants-respondents Eugene J. Gosy, M.D. and Dent Neurologic Group, P.C.

Gibson, McAskill & Crosby, LLP, Buffalo (Shamus B. Mulderig of counsel), for defendant-respondent CGF Health Systems, Doing Business as Millard Fillmore Hospital.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered July 6, 2006 in a medical malpractice action. The order granted the motions of defendants Eugene J. Gosy, M.D., Dent Neurologic Group, P.C., and CGF Health Systems, doing business as Millard Fillmore Hospital, for summary judgment dismissing the complaint against them.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Bruno v Gosy (48 AD3d 1147 [2008]). Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.