| Harris v Rome Mem. Hosp. |
| 2023 NY Slip Op 04277 [219 AD3d 1135] |
| August 11, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Emmett Harris, Respondent, v Rome Memorial Hospital et al., Defendants, and John Ellis, M.D., Individually and as an Agent, Officer and/or Employee of Rome Medical Radiology, Doing Business as Radiology Associates of New Hartford, LLP, et al., Appellants. (Appeal No. 5.) |
Martin, Ganotis, Brown, Mould & Currie, P.C., Dewitt (Cayley M. Young of counsel), for defendants-appellants.
Cherundolo Law Firm, PLLC, Syracuse (John C. Cherundolo of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Oneida County (Scott J. DelConte, J.), rendered September 21, 2022. The order denied the motion of defendants John Ellis, M.D. and Radiology Associates of New Hartford, LLP to compel plaintiff to accept service of their bill of particulars.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Harris v Rome Mem. Hosp. ([appeal No. 1] 219 AD3d 1129 [4th Dept 2023]). Present—Peradotto, J.P., Bannister, Montour and Greenwood, JJ.