Woloszuk v Logan-Young, 2018 NY Slip Op 04180 [162 AD3d 1552]

June 8, 2018

Appellate Division, Fourth Department

[*1]

Jacek Woloszuk, Individually and as Executor of the Estate of Ellen Woloszuk, Deceased, Respondent,

v

Wende Logan-Young, M.D., Doing Business as Elizabeth Wende Breast Clinic, et al., Appellants, et al., Defendants. (Appeal No. 5.)

Underberg & Kessler LLP, Rochester (Margaret E. Somerset of counsel), for defendants-appellants.

Paul William Beltz, P.C., Buffalo (Anne B. Rimmler of counsel), for plaintiff-respondent.

Appeal from an amended order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered March 20, 2015. The amended order, among other things, granted the motion of plaintiff to amend the caption and directed that the previously imposed sanction of striking the answer shall apply to defendant Wende Logan-Young, M.D., doing business as Elizabeth Wende Breast Clinic.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Woloszuk v Logan-Young ([appeal No. 1] 162 AD3d 1548 [4th Dept 2018]). Present—Whalen, P.J., Centra, Peradotto and Troutman, JJ..