WALLACE, DIONNE v. KALEIDA HEALTH ( 2013 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 239 CA 12-01808 PRESENT: CENTRA, J.P., FAHEY, CARNI, LINDLEY, AND WHALEN, JJ. DIONNE WALLACE, PLAINTIFF-RESPONDENT, V ORDER KALEIDA HEALTH AND MAHMOUD KULAYLAT, M.D., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A SURGICAL SPECIALIST FOR KALEIDA HEALTH, DEFENDANTS-APPELLANTS. HARTER SECREST & EMERY, LLP, BUFFALO (ROBERT C. WEISSFLACH OF COUNSEL), FOR DEFENDANT-APPELLANT KALEIDA HEALTH. PHILLIPS LYTLE LLP, BUFFALO (JAMES R. GRASSO OF COUNSEL), FOR DEFENDANT-APPELLANT MAHMOUD KULAYLAT, M.D., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A SURGICAL SPECIALIST FOR KALEIDA HEALTH. CHIACCHIA & FLEMING, LLP, HAMBURG (LISA A. POCH OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeals from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 15, 2012. The order denied the motions of defendants for summary judgment. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 11, 12 and 16, 2013, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: March 15, 2013 Frances E. Cafarell Clerk of the Court