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Janicki v. Thomas

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


November 13, 2009

BARBARA JANICKI, RESPONDENT,
v.
REXFORD L. THOMAS, JR., M.D., APPELLANT.

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered September 24, 2008 in a medical malpractice action. The order denied the motion of defendant for summary judgment.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 6, 2010

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on August 24, 2009,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.

Present: Scudder, P.J., Martoche, Smith, Carni and Green, JJ.

20091113

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