Nicotra v. CNY Family Care, LLP

Full title: DESIREE NICOTRA, PLAINTIFF-RESPONDENT, v. CNY FAMILY CARE, LLP, ET AL.…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 29, 2019

2019 N.Y. Slip Op. 76515 (N.Y. App. Div. 2019)

Opinion

CA 19-00753

07-29-2019

DESIREE NICOTRA, PLAINTIFF-RESPONDENT, v. CNY FAMILY CARE, LLP, ET AL., DEFENDANTS, ST. JOSEPH'S HOSPITAL HEALTH CENTER, MARTIN WALDRON, M.D., AND EMERGENCY CARE SERVICES OF NY, P.C., DEFENDANTS-APPELLANTS. ST. JOSEPH'S IMAGING ASSOCIATES, PLLC, ET AL., THIRD-PARTY PLAINTIFFS, v. CHIROPRACTIC WELLNESS, PLLC AND FREDERICK GARDNER, THIRD-PARTY DEFENDANTS-RESPONDENTS, ET AL., THIRD-PARTY DEFENDANTS. CHIROPRACTIC WELLNESS, PLLC, AND FREDERICK GARDNER, FOURTH-PARTY PLAINTIFFS-APPELLANTS, v. CNY FAMILY CARE, LLP, ET AL., FOURTH-PARTY DEFENDANTS, ST. JOSEPH'S HOSPITAL HEALTH CENTER, MARTIN WALDRON, M.D., AND EMERGENCY CARE SERVICES OF NY, P.C., FOURTH-PARTY DEFENDANTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Gregory William Canute, M.D., St. Joseph's Imaging Associates, PLLC, and Joseph Markham, M.D. having moved to dismiss, as to them, the appeals as taken herein from an order of the Supreme Court, Onondaga County, entered October 12, 2018, on the ground that they are not parties to the appeal,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are dismissed as moot (see 22 NYCRR 1250.2 [b] [1]).

Entered: July 29, 2019

Mark W. Bennett

Clerk of the Court