SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 24, 2009
ANNE HUNOLD, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ANNE COOK, DECEASED, AND JEROLD COOK, DERIVATIVELY, PLAINTIFFS-RESPONDENTS,
COMMUNITY GENERAL HOSPITAL OF GREATER SYRACUSE, ET AL., DEFENDANTS, CHAG ANESTHESIA, P.C., SCOTT REIZUN, M.D., ADAM WARNIKEN, C.R.N.A., AND MICHAEL TAMUL, M.D., DEFENDANTS-APPELLANTS. NEW YORK STATE DEPARTMENT OF HEALTH, APPELLANT. (APPEAL NO. 2.)
Appeals from an order of the Supreme Court, Onondaga County (John C. Cherundolo, J.), entered October 10, 2008. The order denied the motion of the New York State Department of Health and the cross motion of defendants Chag Anesthesia, P.C., Scott Reizun, M.D., Adam Warniken, C.R.N.A., and Michael Tamul, M.D. seeking, inter alia, to vacate the order in appeal No. 1.
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: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND PERADOTTO, JJ.
It is hereby ORDERED that said appeals are unanimously dismissed without costs as moot (see Hunold v Community Gen. Hosp. of Greater Syracuse [appeal No. 1], ___ AD3d ___ [Apr. 24, 2009]).
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