Raab v Kaleida Health
2013 NY Slip Op 02857 [105 AD3d 1312]
April 26, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


Jamie Raab, Respondent, v Kaleida Health et al., Appellants, et al., Defendants.

—[*1] Damon Morey LLP, Buffalo (Barbara L. Schifeling of counsel), for defendants-appellants.

Gair, Gair, Conason, Steigman & Mackauf, New York City (Jeffrey B. Bloom of counsel), for plaintiff-respondent.

Connors & Vilardo, LLP, Buffalo (Michael J. Roach of counsel), for defendants Veetai Li, M.D. and University at Buffalo Neurosurgery, Inc.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 20, 2011. The order denied the motion of defendants Kaleida Health, The Children's Hospital of Buffalo and John Fahrbach for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on March 19 and 29, 2013, and filed in the Erie County Clerk's Office on April 9, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Valentino, Whalen and Martoche, JJ.