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MITERKO v. AUTUMN VIEW HEALTH CARE FACILITY

42 CA 22-00213.

218 A.D.3d 1117 (2023)

192 N.Y.S.3d 391

2023 NY Slip Op 03977

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.

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

Decided July 28, 2023.

Attorney(s) appearing for the Case

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.

Present—Smith, J.P., Lindley, Curran, Bannister and Montour, JJ.

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...

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