Doyle v City of Buffalo
2008 NY Slip Op 08784 [56 AD3d 1134]
November 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


Susan M. Doyle, Respondent, v City of Buffalo et al., Appellants. (Appeal No. 2.)

—[*1] Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Rochester (Brendan R. Mehaffy of counsel), for defendants-appellants.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 8, 2007 in a personal injury action. The order denied the motion of defendant City of Buffalo for a collateral source offset for past and future medical expenses or, alternatively, a collateral source hearing.

It is hereby ordered that said appeal is unanimously dismissed without costs (see CPLR 5501 [a] [1]). Present—Scudder, P.J., Hurlbutt, Martoche, Smith and Lunn, JJ.