ESTATE OF MARK D. PIERCE, DECEASED, BY AND THROUGH DEBORAH PIERCE, AS EXECUTRIX, AND DEBORAH PIERCE, INDIVIDUALLY V

ESTATE OF MARK D. PIERCE, DECEASED, BY AND THROUGH DEBORAH PIERCE, AS EXECUTRIX, AND DEBORAH PIERCE, INDIVIDUALLY V

Motion No: CA 21-00109

Slip Opinion No: 2022 NY Slip Op 66930(U)

Decided on june 3, 2022

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

june 3, 2022

PRESENT: PERADOTTO, J.P., LINDLEY, CURRAN, WINSLOW, AND BANNISTER, JJ.

CA 21-00109

ESTATE OF MARK D. PIERCE, DECEASED, BY AND THROUGH DEBORAH
PIERCE, AS EXECUTRIX, AND DEBORAH PIERCE, INDIVIDUALLY,
PLAINTIFFS-RESPONDENTS,
V
THOMAS MADEJSKI, M.D., JOSEPH MISITI, M.D., DALE W.
SPONAUGLE, M.D., RADIOLOGY SOLUTIONS ASSOCIATES, PLLC,
DEFENDANTS-APPELLANTS,
ET AL., DEFENDANTS.

Defendant-appellant Joseph Misiti, M.D., having moved to withdraw with prejudice the appeal taken herein from an order of the Supreme Court, Niagara County, entered December 8, 2020,

Now upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed, with costs payable to plaintiffs-respondents.

Entered:June 3, 2022

Ann Dillon Flynn

Clerk of the Court