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Haller v. Gacioch

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


December 30, 2009

THERESA HALLER, ADMINISTRATRIX OF THE ESTATE OF JEAN DIEJOIA, DECEASED, APPELLANT,
v.
GERALD M. GACIOCH, M.D., ET AL., RESPONDENTS. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered September 18, 2008 in a medical malpractice action. The order denied plaintiff's motion to set aside the jury verdict in part.

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

As corrected through Wednesday, February 10, 2010

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]).

Present---Centra, J.P., Peradotto, Green and Pine, JJ.

20091230

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