Aldridge v Brodman
2008 NY Slip Op 02256 [49 AD3d 1191]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Janerio Aldridge, M.D., et al., Appellants, v Richard F. Brodman, M.D., et al., Respondents and Kaleida Health, Intervenor-Respondent. (Appeal No. 1.)

—[*1] Phillips Lytle LLP, Buffalo (Lisa L. McDougall of counsel), for plaintiffs-appellants.

Jaeckle Fleischmann & Mugel, LLP, Buffalo (Charles C. Swanekamp of counsel), for defendants-respondents.

Hodgson Russ LLP, Buffalo (Kathleen M. Sellers of counsel), for intervenor-respondent.

Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered October 11, 2006 in an action seeking, inter alia, a declaratory judgment. The order denied plaintiffs' motion to remove any existing restrictions on the use of certain transcripts of an internal fair hearing conducted by intervenor and granted in its entirety the cross motion of intervenor and directed that the papers submitted with respect to plaintiffs' motion be filed under seal.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Martoche, J.P., Centra, Lunn, Green and Gorski, JJ.