MUELLER, KATHLEEN P. v. ELDERWOOD HEALTH CARE AT OAKWOOD

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 11-01755

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

KATHLEEN P. MUELLER, INDIVIDUALLY AND AS

ADMINISTRATRIX OF THE ESTATE OF NATALIE C.

DRUZBIK, DECEASED, PLAINTIFF-RESPONDENT,

V ORDER ELDERWOOD HEALTH CARE AT OAKWOOD AND OAKWOOD

HEALTH CARE CENTER, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)

DAMON MOREY LLP, BUFFALO (KATHLEEN M. REILLY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI LLP, LANCASTER (MICHAEL C. SCINTA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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