May v Buffalo MRI Partners, L.P.
2017 NY Slip Op 04622 [151 AD3d 1657]
June 9, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 2, 2017


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  Keith May, Respondent, v Buffalo MRI Partners, L.P., et al., Defendants, and Hari Gopal, M.D., Appellant. (Appeal No. 1.)

The Tarantino Law Firm, LLP, Buffalo (Jenna S. Strazzulla of counsel), for defendant-appellant.

Roland M. Cercone, PLLC, Buffalo (Roland M. Cercone of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 22, 2016. The order, inter alia, converted the motion of defendant Hari Gopal, M.D., to dismiss the amended complaint against him to a motion for summary judgment.

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

Same memorandum as in May v Buffalo MRI Partners, L.P. ([appeal No. 2] 151 AD3d 1657 [2017]). Present—Whalen, P.J., Smith, Centra, Peradotto and Scudder, JJ.