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Donald J. Sharkey, Plaintiff-Appellant v. Joseph Lin-Yun Chow

May 6, 2011

DONALD J. SHARKEY, PLAINTIFF-APPELLANT,
v.
JOSEPH LIN-YUN CHOW, M.D., CELESTINE J. SZULEWSKI, P.A.,
SPRINGVILLE PEDIATRICS AND ADULT CARE, AND RONALD G. BASALYGA, M.D.,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)



Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered December 1, 2009 in a medical malpractice action. The order denied the motion of plaintiff to strike defendants' joint answer.

Sharkey v Chow

Appellate Division, Fourth Department 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.

Decided on May 6, 2011

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

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Sharkey v Chow ([appeal No. 2] ___ AD3d ___ [May 6, 2011]).

Entered: May 6, 2011

Patricia L. Morgan Clerk of the Court

20110506

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