Tomaschow v St. James Mercy Health Sys. (2018 NY Slip Op 06415)

Tomaschow v St. James Mercy Health Sys.

2018 NY Slip Op 06415 [164 AD3d 1666]

September 28, 2018

Appellate Division, Fourth Department

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

As corrected through Wednesday, October 24, 2018

[*1]

Jennifer Tomaschow, Individually and as Administratrix of the Estate of Susan M. Plake, Deceased, Respondent,
v
St. James Mercy Health System et al., Defendants, and Pinnacle Family Practice, PLLC, et al., Appellants.

Hirsch & Tubiolo, P.C., Rochester (Nicholas J. Reeder of counsel), for defendants-appellants.

Powers & Santola, LLP, Rochester (Kelly C. Wolford of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered July 12, 2017. The order denied the motion of defendants Pinnacle Family Practice, PLLC, and Rhonda Peterson, M.D., for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 28, 2018,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.