| Harris v Rome Mem. Hosp. |
| 2023 NY Slip Op 04279 [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 Emergency Physician Services of New York, P.C., Appellant. (Appeal No. 7.) |
Phelan, Phelan & Danek, LLP, Albany (Timothy S. Brennan of counsel), for defendant-appellant.
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.), entered September 26, 2022. The order denied the cross-motion of defendant Emergency Physician Services of New York, P.C. to include nonparty providers on the verdict sheet and denied that defendant's cross-motion to compel plaintiff to accept service of its supplemental bill of particulars.
It is hereby ordered that said appeal from the order insofar as it denied the cross-motion seeking an order compelling plaintiff to accept the supplemental bill of particulars is unanimously dismissed and the order is affirmed 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.