Hilliard v Highland Hosp.
2011 NY Slip Op 07109 [88 AD3d 1293]
October 7, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


Terry D. Hilliard, Appellant, v Highland Hospital, Respondent, et al., Defendants. (Appeal No. 2.)

—[*1] Adair Law Firm, LLP, Rochester (William S. Roby, III, of counsel), for plaintiff-appellant.

Osborn, Reed & Burke, LLP, Rochester (Thomas C. Burke of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered August 6, 2010 in a medical malpractice action. The order denied the motion of plaintiff for, inter alia, leave to renew and reargue.

It is hereby ordered that said appeal insofar as it seeks leave to reargue is unanimously dismissed and the appeal is otherwise dismissed without costs as moot.

Same memorandum as in Hilliard v Highland Hosp. (88 AD3d 1291 [2011]). Present—Centra, J.P., Fahey, Sconiers, Green and Martoche, JJ.