| Mancuso v Health |
| 2019 NY Slip Op 03521 [172 AD3d 1938] |
| May 3, 2019 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Daniel Mancuso, as Executor of the Estate of Rose M. Kij,
Deceased, Respondent, v Kaleida Health, Doing Business as Millard Fillmore Gates Hospital, Appellant. (Appeal No. 2.) |
Gibson McAskill & Crosby, LLP, Buffalo (Michael J. Willett of counsel), for defendant-appellant.
Brown Chiari LLP, Buffalo (Michael C. Scinta of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered October 13, 2017. The order denied the motion of defendant to set aside a jury verdict.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435, 435 [2d Dept 1989]; see also CPLR 5501 [a] [1]). Present—Centra, J.P., Carni, Lindley, Troutman and Winslow, JJ.