Luppino v O'Brien (2009 NY Slip Op 00840)

Luppino v O'Brien

2009 NY Slip Op 00840 [59 AD3d 992]

February 6, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 1, 2009

James Luppino, as Successor Administrator of the Estate of Maria V. Luppino, Deceased, Respondent, v William E. O'Brien, M.D., et al., Defendants, and Catholic Health System, Doing Business as Kenmore Mercy Hospital, Appellant. (Appeal No. 2.)

—[*1] Damon & Morey LLP, Buffalo (Michael J. Willett of counsel), for defendant-appellant.

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

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered March 27, 2008. The order denied the motion of defendant Catholic Health System, doing business as Kenmore Mercy Hospital, for, inter alia, leave to renew.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Luppino v O'Brien (59 AD3d 991 [2009]). Present—Scudder, P.J., Hurlbutt, Peradotto and Gorski, JJ.