Opinion
CA 04-00874
November 19, 2004.
Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 13, 2003. The judgment dismissed the amended complaint against defendant HMO-CNY.
Sullivan Oliverio Gioia LLP, Buffalo ( B.P. Oliverio of counsel), for appellants.
Bond, Schoeneck King, PLLC, Syracuse ( John G. McGowan of counsel), for respondent.
Before: Pigott, Jr., P.J., Green, Pine and Scudder, JJ.
OPINION OF THE COURT
Same opinion by Hurlbutt, J., as in Doe v. HMO-CNY ( 14 AD3d 102).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.