| Britt v Buffalo Mun. Hous. Auth. |
| 2017 NY Slip Op 03340 [149 AD3d 1557] |
| April 28, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Carmen Britt, Individually and as Executor of Lula Baity,
Deceased, Appellant, v Buffalo Municipal Housing Authority et al., Defendants, and Grace Manor Health Care Facility, Inc., et al., Respondents. (Appeal No. 1.) |
Timothy R. Lovallo, Buffalo, for plaintiff-appellant.
Feldman Kieffer, LLP, Buffalo (Adam C. Ferrandino of counsel), for defendant-respondent Grace Manor Health Care Facility, Inc.
Gibson, McAskill & Crosby, LLP, Buffalo (Michael J. Willett of counsel), for defendants-respondents Nelda Lawler, M.D. and Teresa Chau, M.D.
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 11, 2015. The order denied the motion of plaintiff to amend the complaint, granted the cross motions of defendants Grace Manor Health Care Facility, Inc., Nelda Lawler, M.D., and Teresa Chau, M.D., for costs, and enjoined plaintiff from initiating further proceedings without prior leave of the court.
It is hereby ordered that said appeal is unanimously dismissed with costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Whalen, P.J., Smith, Centra, Troutman and Scudder, JJ.