Opinion
2014-05862, Index No. 41227/09.
05-18-2016
Jason KOWALSKY, respondent, v. COUNTY OF SUFFOLK, et al., appellants.
Dennis M. Brown, County Attorney, Hauppauge, NY (Christopher A. Jeffreys of counsel), for appellants. Robinson & Yablon, P.C., New York, NY (Thomas Torto and Jason Levine of counsel), for respondent.
Dennis M. Brown, County Attorney, Hauppauge, NY (Christopher A. Jeffreys of counsel), for appellants.
Robinson & Yablon, P.C., New York, NY (Thomas Torto and Jason Levine of counsel), for respondent.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Garguilo, J.), dated May 27, 2014, which denied their motion to preclude the plaintiff from presenting any evidence at trial regarding surgery to his lumbar spine.
ORDERED that the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 N.Y.2d 241, 383 N.Y.S.2d 285, 347 N.E.2d 647 ); the issues raised on the appeal from the order have been reviewed on the appeal from the judgment entered November 19, 2014 (see Kowalsky v. County of Suffolk, 139 A.D.3d 903, 34 N.Y.S.3d 75, 2016 WL 2890188 [Appellate Division Docket No. 2015–00552; decided herewith] ).
HALL, J.P., ROMAN, LaSALLE and BARROS, JJ., concur.