*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 451

CA 14-01252

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, VALENTINO, AND WHALEN, JJ. JEFFREY NOVAK, PLAINTIFF-APPELLANT,

V ORDER FREDERICK D. HICKS, DMD, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.

HALL AND KARZ, CANANDAIGUA (PETER ROLPH OF COUNSEL), FOR PLAINTIFF-APPELLANT.

FELDMAN KIEFFER, LLP, BUFFALO (RACHEL A. EMMINGER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Wayne County (John B.

Nesbitt, A.J.), entered March 31, 2014. The order, inter alia, granted the motion of defendant Frederick D. Hicks, DMD, for summary judgment dismissing the complaint against him.

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: May 1, 2015 Frances E. Cafarell

Clerk of the Court