Polisoto v Collins
2012 NY Slip Op 07786 [100 AD3d 1490]
November 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


Thomas D. Polisoto, M.D., as Administrator of the Estate of Roseann Polisoto, Deceased, Respondent, v James S. Collins, Jr., M.D., et al., Defendants, and Julia Culligan, Ph.D., Appellant.

—[*1] Phelan, Phelan & Danek, LLP, Albany (Syma S. Azam of counsel), for defendant-appellant.

Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered August 9, 2011. The order, insofar as appealed from, denied the motion of defendant Julia Culligan, Ph.D. for summary judgment.

Now, upon reading and filing the stipulation of withdrawal signed by the attorneys for the parties on October 11 and 16, 2012,

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