| Stevens v Atwal |
| 2006 NY Slip Op 04546 |
| Decided on June 9, 2006 |
| Appellate Division, Fourth Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on June 9, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., GORSKI, MARTOCHE, SMITH, AND GREEN, JJ.
586 CA 05-02066
[*1]DONALD F. STEVENS AND MAUREEN B. STEVENS, PLAINTIFFS-APPELLANTS, ORDER
v
AMAR ATWAL, M.D., DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 1.)
v
AMAR ATWAL, M.D., DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 1.)
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered March 31, 2005 in a medical malpractice action. The order denied plaintiffs' motion to set aside the verdict.
FARACI LANGE, LLP, ROCHESTER (STEPHEN G. SCHWARZ OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
DAMON & MOREY LLP, BUFFALO (COLLEEN K. MATTREY OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435; see also CPLR 5501 [a] [1], [2]).
Entered: June 9, 2006
Clerk of the Court