Opinion
No. CA 09-01676.
November 19, 2010.
Appeal and cross appeal from an order of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered June 23, 2009 in a medical malpractice action. The order granted in part and denied in part the motion of defendants for summary judgment.
PEGALIS ERICKSON, LLC, LAKE SUCCESS (GERHARDT M. NIELSEN OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.
HIRSCH TUBIOLO, P.C., ROCHESTER (CHRISTOPHER S. NOONE OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.
Present — Smith, J.P., Fahey, Lindley, Sconiers and Gorski, JJ.
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs ( see Loafin' Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985).