Stock v Daly
2012 NY Slip Op 04460 [96 AD3d 1354]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


Lynn Stock, Individually and as Administratrix of the Estate of Dale McGlen, Deceased, Respondent, v Dennis Daly, M.D., et al., Appellants.

—[*1] Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Lawrence Sovik of counsel), for defendants-appellants. Dinkes & Schwitzer, P.C., New York City (Leigh Bernstein of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered May 3, 2011. The order, inter alia, denied the motion of defendants to preclude plaintiff from offering expert testimony and granted the cross motion of plaintiff to have the case marked off the calendar for restoration within one year.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Peradotto, Carni and Sconiers, JJ.