Wallace v Kaleida Health
2013 NY Slip Op 01709 [104 AD3d 1218]
March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


Dionne Wallace, Respondent, v Kaleida Health et al., Appellants.

—[*1] Harter Secrest & Emery, LLP, Buffalo (Robert C. Weissflach of counsel), for defendant-appellant Kaleida Health.

Phillips Lytle LLP, Buffalo (James R. Grasso of counsel), for defendant-appellant Mahmoud Kulaylat, M.D., Individually and in His Official Capacity as a Surgical Specialist for Kaleida Health.

Chiacchia & Fleming, LLP, Hamburg (Lisa A. Poch of counsel), for plaintiff-respondent.

Appeals from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 15, 2012. The order denied the motions of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 11, 12 and 16, 2013,

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