Harris v Rome Mem. Hosp.Annotate this Case
Decided on August 11, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., BANNISTER, MONTOUR, AND GREENWOOD, JJ.
485 CA 22-01554
[*1]EMMETT HARRIS, PLAINTIFF-RESPONDENT,
ROME MEMORIAL HOSPITAL, ET AL., DEFENDANTS, AND EMERGENCY PHYSICIAN SERVICES OF NEW YORK, P.C., DEFENDANT-APPELLANT. (APPEAL NO. 7.)
PHELAN, PHELAN & DANEK, LLP, ALBANY (TIMOTHY S. BRENNAN OF COUNSEL), FOR DEFENDANT-APPELLANT.
CHERUNDOLO LAW FIRM, PLLC, SYRACUSE (JOHN C. CHERUNDOLO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Oneida County (Scott J. DelConte, J.), entered September 26, 2022. The order denied the cross-motion of defendant Emergency Physician Services of New York, P.C. to include nonparty providers on the verdict sheet and denied that defendant's cross-motion to compel plaintiff to accept service of its supplemental bill of particulars.
It is hereby ORDERED that said appeal from the order insofar as it denied the cross-motion seeking an order compelling plaintiff to accept the supplemental bill of particulars is unanimously dismissed and the order is affirmed without costs.
Same memorandum as in Harris v Rome Mem. Hosp. ([appeal No. 1]
— AD3d — [Aug. 11, 2023] [4th Dept 2023]).
Entered: August 11, 2023
Ann Dillon Flynn
Clerk of the Court