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Erica L. Niemann and Daniel Ellis, As Co-Administrators of the Estate of Timothy W. Niemann, Deceased v. St. Joseph's Hospital Health Center

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


September 30, 2011

ERICA L. NIEMANN AND DANIEL ELLIS, AS CO-ADMINISTRATORS OF THE ESTATE OF TIMOTHY W. NIEMANN, DECEASED,
PLAINTIFFS-APPELLANTS,
v.
ST. JOSEPH'S HOSPITAL HEALTH CENTER, RONALD CAPUTO, M.D., SJH CARDIOLOGY ASSOCIATES,
DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANTS.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered January 11, 2011 in a wrongful death action.

Niemann v St. Joseph's Hosp. Health Ctr.

Decided on September 30, 2011

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.

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

The order denied the motion of plaintiffs to vacate a stipulation of discontinuance.

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

Entered: September 30, 2011

Patricia L. Morgan Clerk of the Court

20110930

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