Reading v Fabiano (2015 NY Slip Op 02635)

Reading v Fabiano

2015 NY Slip Op 02635 [126 AD3d 1525]

March 27, 2015

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 29, 2015

[*1]

Brenda Reading et al., Respondents,
v
Anthony Fabiano, M.D., et al., Appellants. (Appeal No. 3.)

Damon Morey LLP, Buffalo (Amy Archer Flaherty of counsel), for defendants-appellants.

Brown Chiari LLP, Lancaster (Michael R. Drumm of counsel), for plaintiffs-respondents.

Appeal from an amended order of the Supreme Court, Erie County (John M. Curran, J.), entered September 18, 2013. The amended order granted in part the motion of defendants to compel certain discovery.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Reading v Fabiano ([appeal No. 2] 126 AD3d &mdash, 2015 NY Slip Op 02634 [2015]). Present—Centra, J.P., Peradotto, Lindley and DeJoseph, JJ.