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Kathleen P. Mueller, Individually and As Administratrix of the Estate v. Elderwood Health Care At Oakwood and Oakwood Health Care

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. 2.)

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered May 3, 2011.

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

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 September 28, 2012

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

The order denied the motion of defendants to set aside the verdict pursuant to CPLR 4404 (a).

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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