May v. Buffalo MRI Partners, L.P. , 2017 NY Slip Op 4622 ( 2017 )

May v Buffalo MRI Partners, L.P. (2017 NY Slip Op 04622)

May v Buffalo MRI Partners, L.P.

2017 NY Slip Op 04622

Decided on June 9, 2017

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 9, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND SCUDDER, JJ.

615 CA 16-01666

[*1]KEITH MAY, PLAINTIFF-RESPONDENT,

v

BUFFALO MRI PARTNERS, L.P., ET AL., DEFENDANTS, AND HARI GOPAL, M.D., DEFENDANT-APPELLANT. (APPEAL NO. 1.)

THE TARANTINO LAW FIRM, LLP, BUFFALO (JENNA S. STRAZZULLA OF COUNSEL), FOR DEFENDANT-APPELLANT.

ROLAND M. CERCONE, PLLC, BUFFALO (ROLAND M. CERCONE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 22, 2016. The order, inter alia, converted the motion of defendant Hari Gopal, M.D., to dismiss the amended complaint against him to a motion for summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in May v Buffalo MRI Partners, L.P. ([appeal No. 2] ___ AD3d ___ [June 9, 2017]).

Entered: June 9, 2017

Frances E. Cafarell

Clerk of the Court