George v HealthNow N.Y. Inc.
2010 NY Slip Op 09729 [79 AD3d 1747]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Charles George et al., Appellants, v HealthNow New York Inc., Doing Business as Blue Cross & Blue Shield of Western New York and/or Blue Cross Blue Shield of Western New York and Community Blue, Respondent.

—[*1] Mark R. Uba, Williamsville and Joel L. Daniels, Buffalo, for plaintiffs-appellants.

Jaeckle Fleischmann & Mugel, LLP, Buffalo (Mitchell J. Banas, Jr., of counsel), for defendant-respondent.

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John M. Curran, J.), entered September 11, 2009. The order and judgment granted defendant's motion to dismiss the complaint.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Martoche, J.P., Smith, Fahey, Peradotto and Green, JJ.