| Varano v Forba Holdings, LLC |
| 2017 NY Slip Op 08104 [155 AD3d 1610] |
| November 17, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Kelly Varano, as Parent and Natural Guardian of Jeremy Bohn,
an Infant, et al., Respondents, v Forba Holdings, LLC, Now Known as Church Street Health Management, LLC, et al., Appellants, et al., Defendants. |
Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Robert Cahalan of counsel), for defendants-appellants.
Hackerman Frankel, P.C., Houston, Texas (Richard Frankel of counsel), for plaintiffs-respondents.
O'Connor, O'Connor, Bresee & First, P.C., Albany (Danielle N. Meyers of counsel), for defendants Forba, LLC, Now Known as Licsac, LLC, Forba NY, LLC, Now Known as Licsac NY, LLC, Dd Marketing, Inc., Derose Management, LLC, Daniel E. Derose, Michael A. Derose, D.D.S., Edward J. Derose, D.D.S., William A. Mueller, D.D.S. and Michael W. Roumph.
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Albany (Elizabeth J. Grogan of counsel), for defendants Naveed Aman, D.D.S., Koury Bonds, D.D.S., Yaqoob Khan, D.D.S. and Tarek Elsafty, D.D.S.
Ahmuty Demers & McManus, Albertson (John A. McPhilliamy of counsel), for defendant Adolph R. Padula, D.D.S.
Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered August 7, 2014. The order denied the motion of defendants Forba Holdings, LLC, now known as Church Street Health Management, LLC, Forba NY, LLC, and Small Smiles Dentistry of Syracuse, LLC, for recusal of the court.
Now, upon the stipulations and orders of discontinuance signed by the attorneys for the named parties listed above on September 27, October 4, 9 and 12, 2016, and by the court on December 13, 2016, and filed in the Onondaga County Clerk's Office on December 13, 2016,
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It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Smith, Carni, Lindley and DeJoseph, JJ.