Mueller v Elderwood Health Care at Oakwood
2012 NY Slip Op 06398 [98 AD3d 1229]
September 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


Kathleen P. Mueller, Individually and as Administratrix of the Estate of Natalie C. Druzbik, Deceased, Respondent, v Elderwood Health Care at Oakwood et al., Appellants. (Appeal No. 2.)

—[*1] Damon Morey LLP, Buffalo (Kathleen M. Reilly of counsel), for defendants-appellants.

Brown Chiari LLP, Lancaster (Michael C. Scinta of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered May 3, 2011. The order denied the motion of defendants to set aside the verdict pursuant to CPLR 4404 (a).

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 8, 2012, and filed in the Erie County Clerk's Office on August 14, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Peradotto, Carni and Lindley, JJ.