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Theresa Haller, Administratrix of the v. Gerald M. Gacioch

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


December 30, 2009

THERESA HALLER, ADMINISTRATRIX OF THE ESTATE OF JEAN DIEJOIA, DECEASED, PLAINTIFF-APPELLANT,
v.
GERALD M. GACIOCH, M.D., CYNTHIA R. REDDECK, M.D., AND ROCHESTER CARDIOPULMONARY GROUP, P.C., DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered September 18, 2008 in a medical malpractice action.

1569

PRESENT: CENTRA, J.P., PERADOTTO, GREEN, AND PINE, JJ.

ORDER

(APPEAL NO. 1.)

The order denied plaintiff's motion to set aside the jury verdict in part.

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

Patricia L. Morgan Clerk of the Court

20091230

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