*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1467

CA 12-00810

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND MARTOCHE, JJ. RENEE SCIARA AND MATTHEW SCIARA, PLAINTIFFS-APPELLANTS,

V ORDER SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C.

AND GEORGE BLESSIOS, M.D.,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)

BRIAN P. FITZGERALD, P.C., BUFFALO (BRIAN P. FITZGERALD OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (JOSEPH V. MCCARTHY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Appeal from an order of the Supreme Court, Erie County (John M.

Curran, J.), entered September 19, 2011 in a medical malpractice action. The order, among other things, granted that part of defendants’ motion seeking a court appointed referee to supervise any future depositions in this matter.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: March 15, 2013 Frances E. Cafarell

Clerk of the Court