Mazella v Beals

Mazella v Beals 2015 NY Slip Op 00073 Decided on January 2, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, AND LINDLEY, JJ.
1276 CA 14-00290

[*1]JANICE MAZELLA, AS ADMINISTRATRIX OF THE ESTATE OF JOSEPH MAZELLA, DECEASED, PLAINTIFF-APPELLANT,

v

WILLIAM BEALS, M.D., DEFENDANT, AND ELISABETH MASHINIC, M.D., DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

Appeal from a judgment of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered April 29, 2013. The judgment, insofar as appealed from, dismissed the complaint against defendant Elisabeth Mashinic, M.D., upon a jury verdict.

DELDUCHETTO & POTTER, SYRACUSE (ERNEST A. DELDUCHETTO OF COUNSEL), ALESSANDRA DEBLASIO, NEW YORK CITY, FOR PLAINTIFF-APPELLANT.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE (ANTHONY R. BRIGHTON OF COUNSEL), FOR DEFENDANT-RESPONDENT.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Eric D . [appeal No. 1], 162 AD2d 1051).

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court