Haller v Gacioch
2009 NY Slip Op 09860 [68 AD3d 1758]
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


Theresa Haller, Administratrix of the Estate of Jean DieJoia, Deceased, Appellant, v Gerald M. Gacioch, M.D., et al., Respondents. (Appeal No. 1.)

—[*1] Carl L. Feinstock, Rochester, for plaintiff-appellant.

Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered September 18, 2008 in a medical malpractice action. The order denied plaintiff's motion to set aside the jury verdict in part.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Centra, J.P., Peradotto, Green and Pine, JJ.