Smith v Crouse Health Hosp., Inc., 2023 NY Slip Op 06662 [222 AD3d 1419]

December 22, 2023

Appellate Division, Fourth Department

[*1]

Cole R. Smith, Individually and as Administrator of the Estate of Robert D. Smith, Deceased, Respondent,

v

Crouse Health Hospital, Inc., et al., Appellants, et al., Defendants.

Gale Gale & Hunt, LLC, Fayetteville (Andrew R. Borelli of counsel), for defendants-appellants.

Porter Law Group, Syracuse (Jeffrey M. Narus of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered June 26, 2023. The order, among other things, denied the motion of defendants Crouse Health Hospital, Inc., Vanessa Goyes Ruiz, M.D., and Kaitlyn C. LaChance, R.N. seeking, inter alia, to quash plaintiff’s subpoena for depositions.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 7, 2023, It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Bannister, Montour and Nowak, JJ..