| Herbert v Reilly |
| 2014 NY Slip Op 03110 [117 AD3d 1479] |
| May 2, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Linda Herbert, Individually and as Administratrix of the
Estate of Donald J. Herbert, Deceased, Respondent, v Eileen Reilly, M.D., et al., Defendants, and Elizabeth Marie Love, M.D., et al., Appellants. |
Gibson, McAskill & Crosby, LLP, Buffalo (Mark Spitler of counsel), for defendants-appellants.
Cellino & Barnes, P.C., Buffalo (Brian A. Goldstein of counsel), for plaintiff-respondent.
Connors & Vilardo, LLP, Buffalo (Vincent E. Doyle, III, of counsel), for defendants Eileen Reilly, M.D. and Elder Medical Services.
Appeal from an order of the Supreme Court, Erie County (James H. Dillon, J.), entered March 21, 2013. The order denied the motion of defendants Elizabeth Marie Love, M.D. and Geriatric Associates, LLP, for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 24, 2014,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Carni, Sconiers and Whalen, JJ.