SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
February 6, 2009
JAMES LUPPINO, SUCCESSOR ADMINISTRATOR OF THE ESTATE OF MARIA V. LUPPINO, DECEASED, PLAINTIFF-RESPONDENT,
WILLIAM E. O'BRIEN, M.D., ET AL., DEFENDANTS, AND CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS KENMORE MERCY HOSPITAL, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered March 27, 2008. The order denied the motion of defendant Catholic Health System, doing business as Kenmore Mercy Hospital, for, inter alia, leave to renew.
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.
PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same Memorandum as in Luppino v O'Brien ([appeal No. 1] ___ AD3d ___ [Feb. 6, 2009]).
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