Cynthia J. v Plache
2010 NY Slip Op 05090 [74 AD3d 1788]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


Cynthia J., Individually and as Legal Guardian of Michael P.J., an Infant, Respondent, v David C. Plache, M.D., Appellant, et al., Defendant.

—[*1] Connors & Vilardo, LLP, Buffalo (Amy C. Martoche of counsel), for defendant-appellant.

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

Appeal from an amended order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered June 10, 2009 in a medical malpractice action. The amended order, insofar as appealed from, granted plaintiff's motion and barred defendant David C. Plache, M.D. from being present during the deposition of plaintiff's infant.

It is hereby ordered that the amended order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Peradotto, Lindley, Green and Gorski, JJ.