James v Wormuth

2012 NY Slip Op 02195 [93 AD3d 1290]

March 23, 2012

Appellate Division, Fourth Department

As corrected through Wednesday, April 25, 2012

Marguerite James, Appellant, v David Wormuth, M.D., et al.,Respondents. (Appeal No. 1.)

—[*1]Woodruff Lee Carroll, Syracuse, for plaintiff-appellant.

Martin, Ganotis, Brown, Mould & Currie, P.C., Dewitt (Daniel P. Laraby of counsel), fordefendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.),entered January 11, 2011 in a medical malpractice action. The order granted the motion ofdefendants at the close of plaintiff's proof to dismiss the amended complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith vCatholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR5501 [a] [1]). Present—Scudder, P.J., Smith, Fahey, Carni and Sconiers, JJ.