Gustafson v Dippert
2009 NY Slip Op 09764 [68 AD3d 1680]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


William Gustafson, as Administrator D.B.N. of the Estate of Bruce G. Gustafson, Deceased, Respondent, v Paul C. Dippert, D.O., et al., Defendants, and Andrew J. Stansberry, R.P.A., et al., Appellants. (Appeal No. 3.)

—[*1] Gibson, McAskill & Crosby, LLP, Buffalo (Melissa L. Zittel of counsel), for defendants-appellants.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered April 14, 2009 in a medical malpractice action. The order settled the record on appeal.

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

Same memorandum as in Gustafson v Dippert (68 AD3d 1678 [2009]). Present—Martoche, J.P., Smith, Fahey, Carni and Pine, JJ.