Britt v Buffalo Mun. Hous. Auth.

Britt v Buffalo Mun. Hous. Auth. 2017 NY Slip Op 03340 Decided on April 28, 2017 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 April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND SCUDDER, JJ.
460 CA 16-00970

[*1]CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED, PLAINTIFF-APPELLANT,

v

BUFFALO MUNICIPAL HOUSING AUTHORITY, ET AL., DEFENDANTS, GRACE MANOR HEALTH CARE FACILITY, INC., NELDA LAWLER, M.D., AND TERESA CHAU, M.D., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

TIMOTHY R. LOVALLO, BUFFALO, FOR PLAINTIFF-APPELLANT.

FELDMAN KIEFFER, LLP, BUFFALO (ADAM C. FERRANDINO OF COUNSEL), FOR DEFENDANT-RESPONDENT GRACE MANOR HEALTH CARE FACILITY, INC.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered August 11, 2015. The order denied the motion of plaintiff to amend the complaint, granted the cross motions of defendants Grace Manor Health Care Facility, Inc., Nelda Lawler, M.D., and Teresa Chau, M.D., for costs, and enjoined plaintiff from initiating further proceedings without prior leave of the court.

It is hereby ORDERED that said appeal is unanimously dismissed with costs (see Hughes v Nussbaumer, Clarke & Velzy , 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts , 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court