Tantalo v Clifton Springs Hosp. & Clinic Found., Inc.
2024 NYSlipOp 01384
March 15, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 1, 2024


[*1]
 Jessica Tantalo, as Administrator of the Estate of Patrick R. Baker, Deceased, Respondent,
v
Clifton Springs Hospital & Clinic Foundation, Inc., Doing Business as Clifton Springs Hospital & Clinic, et al., Appellants, et al., Defendants. (Appeal No. 2.)

Osborn, Reed & Burke, LLP, Rochester (Michael C. Pretsch of counsel), for defendants-appellants.

Lacy Katzen LLP, Rochester (Jacqueline M. Thomas of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Daniel J. Doyle, J.), entered July 14, 2023. The order, inter alia, denied that part of the motion of defendants-appellants seeking leave to renew their opposition to plaintiff's motion to strike the answer of defendants-appellants.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 6, 2024,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Lindley, Ogden, Nowak and DelConte, JJ.