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Swanson v. Lockport Memorial Hospital

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


June 11, 2010

LIONEL SWANSON, AN INFANT, BY AND THROUGH JENNIFER CHAFFEE, HIS PARENT AND NATURAL GUARDIAN, AND JENNIFER CHAFFEE, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS,
v.
LOCKPORT MEMORIAL HOSPITAL, DEFENDANT, AND MICHAEL A. TORRES, M.D., DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered September 4, 2009. The order, insofar as appealed from, denied the motion of defendant Michael A. Torres, M.D. for summary judgment.

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., FAHEY, CARNI, SCONIERS, AND GREEN, JJ.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on April 8, 2010,

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

20100611

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