Brooks v. Mohawk Val. Health Sys.
Opinion
Brooks v Mohawk Val. Health Sys. (2025 NY Slip Op 05386)
| Brooks v Mohawk Val. Health Sys. |
| 2025 NY Slip Op 05386 |
| Decided on October 3, 2025 |
| 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 October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CURRAN, J.P., BANNISTER, SMITH, DELCONTE, AND KEANE, JJ.
677 CA 24-00380
v
MOHAWK VALLEY HEALTH SYSTEM, FAXTON-ST. LUKE'S HOSPITAL, DAVID MCMURRAY, D.O., WOMEN'S AND CHILDREN'S HEALTH CENTER/ST. ELIZABETH'S HOSPITAL, MARK BRISTOL, M.D., BENJAMIN FLINN, M.D., PHYU THWE, M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.
NAPIERSKI, VANDENBURGH, NAPIERSKI & O'CONNOR, LLP, ALBANY (COURTNEY L. ALPERT OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
ROBERT F. JULIAN, P.C., UTICA (STEPHANIE A. PALMER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered January 26, 2024, in a medical malpractice action. The order, insofar as appealed from, denied those parts of the motion of defendants seeking to dismiss the complaint against defendants-appellants.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: October 3, 2025
Ann Dillon Flynn
Clerk of the Court
Opinion
Brooks v Mohawk Val. Health Sys. (2025 NY Slip Op 05386)
| Brooks v Mohawk Val. Health Sys. |
| 2025 NY Slip Op 05386 |
| Decided on October 3, 2025 |
| 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 October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CURRAN, J.P., BANNISTER, SMITH, DELCONTE, AND KEANE, JJ.
677 CA 24-00380
v
MOHAWK VALLEY HEALTH SYSTEM, FAXTON-ST. LUKE'S HOSPITAL, DAVID MCMURRAY, D.O., WOMEN'S AND CHILDREN'S HEALTH CENTER/ST. ELIZABETH'S HOSPITAL, MARK BRISTOL, M.D., BENJAMIN FLINN, M.D., PHYU THWE, M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.
NAPIERSKI, VANDENBURGH, NAPIERSKI & O'CONNOR, LLP, ALBANY (COURTNEY L. ALPERT OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
ROBERT F. JULIAN, P.C., UTICA (STEPHANIE A. PALMER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered January 26, 2024, in a medical malpractice action. The order, insofar as appealed from, denied those parts of the motion of defendants seeking to dismiss the complaint against defendants-appellants.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: October 3, 2025
Ann Dillon Flynn
Clerk of the Court
Opinion
Brooks v Mohawk Val. Health Sys. (2025 NY Slip Op 05386)
| Brooks v Mohawk Val. Health Sys. |
| 2025 NY Slip Op 05386 |
| Decided on October 3, 2025 |
| 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 October 3, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CURRAN, J.P., BANNISTER, SMITH, DELCONTE, AND KEANE, JJ.
677 CA 24-00380
v
MOHAWK VALLEY HEALTH SYSTEM, FAXTON-ST. LUKE'S HOSPITAL, DAVID MCMURRAY, D.O., WOMEN'S AND CHILDREN'S HEALTH CENTER/ST. ELIZABETH'S HOSPITAL, MARK BRISTOL, M.D., BENJAMIN FLINN, M.D., PHYU THWE, M.D., DEFENDANTS-APPELLANTS, ET AL., DEFENDANT.
NAPIERSKI, VANDENBURGH, NAPIERSKI & O'CONNOR, LLP, ALBANY (COURTNEY L. ALPERT OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
ROBERT F. JULIAN, P.C., UTICA (STEPHANIE A. PALMER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered January 26, 2024, in a medical malpractice action. The order, insofar as appealed from, denied those parts of the motion of defendants seeking to dismiss the complaint against defendants-appellants.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: October 3, 2025
Ann Dillon Flynn
Clerk of the Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.