| Graves v Michalski |
| 2020 NY Slip Op 07765 [189 AD3d 2102] |
| December 23, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Diane M. Graves, Individually and as Executrix of the Estate of
Martin J. Graves, Deceased, Appellant, v Stanley Michalski, M.D., et al., Defendants, and David Lillie, M.D., Respondent. |
Faraci Lange, LLP, Buffalo (Jennifer L. Fay of counsel), for plaintiff-appellant.
Connors LLP, Buffalo (John T. Loss of counsel), for defendant-respondent and defendants Robert G. Fugitt, M.D., and others.
Feldman Kieffer, LLP, Buffalo (Stephen Manuele of counsel), for defendant Stanley Michalski, M.D.
The Tarantino Law Firm, LLP, Buffalo (Brian J. Weidner of counsel), for defendants Invision Health, LLC, and another.
Appeal, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered September 25, 2019. The order denied plaintiff's motion to compel the further deposition of defendant David Lillie, M.D.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 18, 2020,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., NeMoyer, Curran, Troutman and DeJoseph, JJ.