Austin v Tri-County Mem. Hosp.
2009 NY Slip Op 06916 [66 AD3d 1361]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


Sandra A. Austin et al., Respondents, v Tri-County Memorial Hospital, Doing Business as Tri-County Chemical Dependency Program, et al., Defendants, and Toni L. John, Appellant.

—[*1] Damon Morey LLP, Buffalo (Frank C. Callocchia of counsel), for defendant-appellant.

Rosenthal, Siegel & Muenkel, LLP, Buffalo (Ellen M. Krebs of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered April 22, 2008 in a personal injury action. The order denied the motion of defendant Toni L. John to dismiss the complaint against her.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Centra, Fahey, Pine and Gorski, JJ.