Paul T. Clark v Barry Alan Weinstein

Clark v Weinstein 2005 NY Slip Op 08428 [23 AD3d 1053] November 10, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

Paul T. Clark, as Administrator c.t.a. of the Estate of Francis M. Wilson, Deceased, and as Executor of Lenore C. Wilson, Deceased, Respondent, v Barry Alan Weinstein, M.D., et al., Appellants. (Appeal No. 1.)

—[*1]Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 5, 2004. The order, insofar as appealed from, granted plaintiff's motion for leave to serve a second amended complaint asserting a wrongful death cause of action on behalf of the daughter of Francis M. Wilson, deceased, resulting from the pecuniary loss of support provided by him to her children.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Pigott, Jr., P.J., Green, Kehoe, Martoche and Pine, JJ.