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Kathleen P. Mueller, Individually and As Administratrix of the Estate of Natalie C. Druzbik, Deceased v. Elderwood Health Care At Oakwood and Oakwood Health Care Center

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


September 28, 2012

KATHLEEN P. MUELLER, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF NATALIE C. DRUZBIK, DECEASED, PLAINTIFF-RESPONDENT,
v.
ELDERWOOD HEALTH CARE AT OAKWOOD AND OAKWOOD HEALTH CARE CENTER, INC.,
DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)

Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), entered December 1, 2010.

Mueller v Elderwood Health Care At Oakwood & Oakwood Health Care Ctr., Inc.

Appellate Division, Fourth Department

Decided on September 28, 2012

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: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND LINDLEY, JJ.

The judgment awarded plaintiff money damages upon a jury verdict.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 8, 2012, and filed in the Erie County Clerk's Office on August 14, 2012,

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

Entered: September 28, 2012 Frances E. Cafarell Clerk of the Court

20120928

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