| Miterko v Autumn View Health Care Facility |
| 2023 NY Slip Op 03977 [218 AD3d 1117] |
| July 28, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Lori Ann Miterko, as Executor of the Estate of Paul
Miterko, Deceased, Respondent, v Autumn View Health Care Facility et al., Defendants, and Leroy McCune, M.D., Appellant. |
Roach, Brown, McCarthy & Gruber, P.C., Buffalo (J. Mark Gruber of counsel), for defendant-appellant.
Brown Chiari LLP, Buffalo (Angelo S. Gambino of counsel), for plaintiff-respondent.
Bargnesi Britt, PLLC, Buffalo (Jason T. Britt of counsel), for defendants.
Appeal from an order of the Supreme Court, Erie County (Catherine R. Nugent Panepinto, J.), entered January 19, 2022. The order denied the motions of defendants for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 24, 2023,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present— Smith, J.P., Lindley, Curran, Bannister and Montour, JJ.