Sciara v Surgical Assoc. of W. N.Y., P.C. (2013 NY Slip Op 01742)

Sciara v Surgical Assoc. of W. N.Y., P.C.

2013 NY Slip Op 01742 [104 AD3d 1260]

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

Renee Sciara et al., Appellants, v Surgical Associates of Western New York, P.C., et al., Respondents. (Appeal No. 2.)

—[*1] Brian P. Fitzgerald, P.C., Buffalo (Brian P. Fitzgerald of counsel), for plaintiffs-appellants.

Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Joseph V. McCarthy of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered September 19, 2011 in a medical malpractice action. The order, among other things, granted that part of defendants' motion seeking a court appointed referee to supervise any future depositions in this matter.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Fahey, Carni and Martoche, JJ. [Prior Case History: 32 Misc 3d 904.]