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Erin R. Vanpelt and Stephen J. Vanpelt v. Marc A. Feiner

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


July 10, 2009

ERIN R. VANPELT AND STEPHEN J. VANPELT, INDIVIDUALLY AND AS ADMINISTRATORS OF THE ESTATE OF GIANNA ROSE VANPELT, DECEASED, PLAINTIFFS-RESPONDENTS,
v.
MARC A. FEINER, M.D., INDIVIDUALLY AND AS AN AGENT, OFFICER, AND/OR EMPLOYEE OF MEDICAL ARTS OB-GYN, P.C., MAPATUNAGE A. SIRIWARDENA, M.D., DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANTS.

Appeals from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered November 27, 2007 in a medical malpractice action.

506

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND GORSKI, JJ.

ORDER

The order denied the motions of defendants Marc A. Feiner, M.D., individually and as an agent, officer, and/or employee of Medical Arts OB-GYN, P.C., and Mapatunage A. Siriwardena, M.D. for partial summary judgment.

Now, upon reading and filing the stipulation to discontinue appeals signed by the attorneys for the parties on June 24 and 26, 2009,

It is hereby ORDERED that said appeals are unanimously dismissed without costs upon stipulation.

Patricia L. Morgan Clerk of the Court

20090710

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