LUPPINO v. MOSEY

1312 CA 11-02351.

103 A.D.3d 1117 (2013)

958 N.Y.S.2d 823

2013 NY Slip Op 611

JAMES LUPPINO, Successor Administrator of the Estate of MARIA V. LUPPINO, Deceased, Appellant, v. ACEA M. MOSEY, as Administrator of the Estate of WILLIAM E. O'BRIEN, M.D., Deceased, et al., Defendants, and CATHOLIC HEALTH SYSTEM, Doing Business as KENMORE MERCY HOSPITAL, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

February 1, 2013.


Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 19, 2011. The order, inter alia, granted the motion of defendant Catholic Health System, doing business as Kenmore Mercy Hospital, to confirm the Report and Recommendation of the Judicial Hearing Officer.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the first through third ordering paragraphs and denying that part of the...

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