Backus v Kaleida Health
2012 NY Slip Op 01900 [93 AD3d 1175]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


Darnell Backus, Appellant,
v
Kaleida Health, Doing Business as Buffalo General Hospital, et al., Defendants, and Boonchuay Anunta, M.D., Respondent.

—[*1] Campbell & Shelton LLP, Eden (R. Colin Campbell of counsel), for plaintiff-appellant.

Brown & Tarantino, LLC, Buffalo (Jeffrey A. Wieczkowski of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered November 12, 2010 in a medical malpractice action. The order granted the motion of defendant Boonchuay Anunta, M.D. for a directed verdict and dismissed the complaint against defendant Boonchuay Anunta, M.D.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on February 15, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Peradotto, Lindley and Martoche, JJ.