| Braxton v Erie County Med. Ctr. Corp. |
| 2022 NY Slip Op 04868 [208 AD3d 1043] |
| August 4, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| John M. Braxton, as Administrator of the Estate of Sheila M.
Braxton, Deceased, Appellant, v Erie County Medical Center Corporation et al., Defendants, and Joseph Riedy, Jr., D.O., Respondent. (Appeal No. 3.) |
Law Office of J. Michael Hayes, Buffalo (J. Michael Hayes of counsel), for plaintiff-appellant.
The Tarantino Law Firm, LLP, Buffalo (Marylou K. Roshia of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered May 20, 2021. The order denied the motion of defendant Joseph Riedy, Jr., D.O., for summary judgment dismissing the amended complaint against him.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Braxton v Erie County Med. Ctr. Corp. ([appeal No. 1] 208 AD3d 1038 [4th Dept 2022]). Present—Peradotto, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.