Berecz v Reszel
2008 NY Slip Op 03825 [50 AD3d 1554]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Deborah Berecz, Individually and as Executor of Allan J. Berecz, Deceased, Respondent, v Elizabeth M. Reszel, D.O., et al., Appellants.

[*1] Brown & Tarantino, LLC, Buffalo (Nicole Schreib Mayer of counsel), for defendants-appellants.

Hogan Willig, PLLC, Amherst (John B. Licata of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered February 26, 2007 in a medical malpractice action. The order granted plaintiff's motion to compel a further deposition of defendant Elizabeth M. Reszel, D.O.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Presti v Schalck, 26 AD2d 793 [1966]). Present—Martoche, J.P., Centra, Lunn, Peradotto and Green, JJ.