Civil Procedure · MBE-tested
Darelyn Clause, as Administratrix of the Estate of Kyle C. Atkins, Deceased, Appellant, v. Erie County Medical Center et al., Defendants, and William J. Flynn, Jr., M.D., et al., Respondents
148 A.D.3d 169248 N.Y.S.3d 905·New York Supreme Court, Appellate Division·2017·NY
Present — Whalen, P.J., Lindley, NeMoyer, Curran and Troutman, JJ.
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Opinion
Darelyn Clause, as Administratrix of the Estate of Kyle C. Atkins, Deceased, Appellant, v Erie County Medical Center et al., Defendants, and William J. Flynn, Jr., M.D., et al., Respondents.
[48 NYS3d 905]
[MAJORITY]
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered March 23, 2016. The order granted defendants-respondents’ motion to dismiss the complaint and all cross claims against them.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Present — Whalen, P.J., Lindley, NeMoyer, Curran and Troutman, JJ.