Polisoto v Collins
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Polisoto v Collins
2012 NY Slip Op 07786
Released on November 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 16, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.
962 CA 12-00484
[*1]THOMAS D. POLISOTO, M.D., AS ADMINISTRATOR OF THE ESTATE OF ROSEANN POLISOTO, DECEASED, PLAINTIFF-RESPONDENT,
v
JAMES S. COLLINS, JR., M.D., ET AL., DEFENDANTS, AND JULIA CULLIGAN, PH.D., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered August 9, 2011. The order, insofar as appealed from, denied the motion of defendant Julia Culligan, Ph.D. for summary judgment.
PHELAN, PHELAN & DANEK, LLP, ALBANY (SYMA S. AZAM OF COUNSEL), FOR DEFENDANT-APPELLANT.
LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation of withdrawal signed by the attorneys for the parties on October 11 and 16, 2012,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: November 16, 2012
Frances E. Cafarell
Clerk of the Court
Released on November 16, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND MARTOCHE, JJ.
962 CA 12-00484
[*1]THOMAS D. POLISOTO, M.D., AS ADMINISTRATOR OF THE ESTATE OF ROSEANN POLISOTO, DECEASED, PLAINTIFF-RESPONDENT,
v
JAMES S. COLLINS, JR., M.D., ET AL., DEFENDANTS, AND JULIA CULLIGAN, PH.D., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered August 9, 2011. The order, insofar as appealed from, denied the motion of defendant Julia Culligan, Ph.D. for summary judgment.
PHELAN, PHELAN & DANEK, LLP, ALBANY (SYMA S. AZAM OF COUNSEL), FOR DEFENDANT-APPELLANT.
LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation of withdrawal signed by the attorneys for the parties on October 11 and 16, 2012,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: November 16, 2012
Frances E. Cafarell
Clerk of the Court
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