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Darnell Backus, Plaintiff-Appellant v. Kaleida Health

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


March 16, 2012

DARNELL BACKUS, PLAINTIFF-APPELLANT,
v.
KALEIDA HEALTH, DOING BUSINESS AS BUFFALO GENERAL HOSPITAL, ET AL. , DEFENDANTS, AND BOONCHUAY ANUNTA, M.D., DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered November 12, 2010 in a medical malpractice action.

Backus v Kaleida Health

Decided on March 16, 2012

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: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

The order granted the motion of defendant Boonchuay Anunta, M.D. for a directed verdict and dismissed the complaint against defendant Boonchuay Anunta, M.D.

Now, upon reading and filing the stipulation of discontinuance of appeal signed by the attorneys for the parties on February 15, 2012,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: March 16, 2012 Frances E. Cafarell Clerk of the Court

20120316

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