Opinion
CA 02-02816
October 2, 2003.
Appeal from that part of an order of Supreme Court, Erie County (Notaro, J.), entered October 28, 2002, that denied defendant Theodore G. Costich, M.D.'s motion for an order compelling defendant Karen Blackford to appear for a further deposition.
BROWN TARANTINO, LLP, BUFFALO (MARGARET K. HEY OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAMON MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
PRESENT: GREEN, J.P., HURLBUTT, GORSKI, LAWTON, AND HAYES, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Presti v. Schalck, 26 A.D.2d 793).