*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 382

CA 14-01602

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.

BRENDA READING AND JAMES KRANZ,

PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER ANTHONY FABIANO, M.D. AND KALEIDA HEALTH,

DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 3.)

DAMON MOREY LLP, BUFFALO (AMY ARCHER FLAHERTY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BROWN CHIARI LLP, LANCASTER (MICHAEL R. DRUMM OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS. Appeal from an amended order of the Supreme Court, Erie County (John M. Curran, J.), entered September 18, 2013. The amended order granted in part the motion of defendants to compel certain discovery.

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

Same memorandum as in Reading v Fabiano ([appeal No. 2] ___ AD3d ___ [Mar. 27, 2015]).

Entered: March 27, 2015 Frances E. Cafarell

Clerk of the Court