MUELLER, KATHLEEN P. v. ELDERWOOD HEALTH CARE AT OAKWOOD ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 596 CA 11-01756 PRESENT: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND LINDLEY, JJ. KATHLEEN P. MUELLER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF NATALIE C. DRUZBIK, DECEASED, PLAINTIFF-RESPONDENT, V ORDER ELDERWOOD HEALTH CARE AT OAKWOOD AND OAKWOOD HEALTH CARE CENTER, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) DAMON MOREY LLP, BUFFALO (KATHLEEN M. REILLY OF COUNSEL), FOR DEFENDANTS-APPELLANTS. BROWN CHIARI LLP, LANCASTER (MICHAEL C. SCINTA OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered May 3, 2011. The order denied the motion of defendants to set aside the verdict pursuant to CPLR 4404 (a). Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 8, 2012, and filed in the Erie County Clerk’s Office on August 14, 2012, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: September 28, 2012 Frances E. Cafarell Clerk of the Court