Swanson v Lockport Mem. Hosp.
2010 NY Slip Op 05196 [74 AD3d 1864]
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


Lionel Swanson, an Infant, by Jennifer Chaffee, His Parent and Natural Guardian, et al., Respondents, v Lockport Memorial Hospital, Defendant, and Michael A. Torres, M.D., Appellant.

—[*1] Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Elizabeth G. Adymy of counsel), for defendant-appellant. Dempsey & Dempsey, Buffalo (Patrick J. Maloney of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered September 4, 2009. The order, insofar as appealed from, denied the motion of defendant Michael A. Torres, M.D. for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on April 8, 2010, it is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Martoche, J.P., Fahey, Carni, Sconiers and Green, JJ.