SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2009
FRANK A. BERSANI, M.D., PLAINTIFF-RESPONDENT-APPELLANT,
Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered February 20, 2009.
PRESENT: HURLBUTT, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.
The order denied the motion of defendant for summary judgment. It is hereby ORDERED that said cross appeal is unanimously dismissed (see Matter of El-Roh Realty Corp., 55 AD3d 1431, 1434; Pramco III, LLC v Partners Trust Bank, 52 AD3d 1224, 1225; see also CPLR 5511) and the order is otherwise affirmed without costs for reasons stated at Supreme Court.
Patricia L. Morgan Clerk of the Court
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