Niemann v St. Joseph's Hosp. Health Ctr.
2011 NY Slip Op 06792 [87 AD3d 1395]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


Erica L. Niemann et al., as Coadministrators of the Estate of Timothy W. Niemann, Deceased, Appellants, v St. Joseph's Hospital Health Center et al., Defendants.

—[*1] Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (David H. Elibol of counsel), for plaintiffs-appellants.

Hancock Estabrook, LLP, Syracuse (Maureen E. Maney of counsel), for defendant-respondent St. Joseph's Hospital Health Center.

Martin, Ganotis, Brown, Mould & Currie, P.C., Dewitt (Brian M. Gargano of counsel), for defendants-respondents Ronald Caputo, M.D. and SJH Cardiology Associates.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered January 11, 2011 in a wrongful death action. The order denied the motion of plaintiffs to vacate a stipulation of discontinuance.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Fahey, Sconiers, Green and Martoche, JJ.