Allen v Kaleida Health

Allen v Kaleida Health 2010 NY Slip Op 05185 [74 AD3d 1858] June 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2010

Gilbert H. Allen, as Administrator of the Estate of Warren D. Allen, Deceased, Appellant, v Kaleida Health, Doing Business as DeGraff Memorial Hospital, et al., Respondents.

—[*1] Siegel, Kelleher & Kahn, LLP, Buffalo (Robert D. Steinhaus of counsel), for plaintiff-appellant. Underberg & Kessler, LLP, Rochester (Margaret E. Somerset of counsel), for defendant-respondent Niagara Lutheran Home and Rehabilitation Center, Inc.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 10, 2009. The order, insofar as appealed from, denied in part plaintiff's motion to compel disclosure and for sanctions.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Carni, Lindley and Pine, JJ.