*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1025

CA 11-00113

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, GREEN, AND MARTOCHE, JJ. TERRY D. HILLIARD, PLAINTIFF-APPELLANT,

V MEMORANDUM AND ORDER HIGHLAND HOSPITAL, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.

(APPEAL NO. 2.)

ADAIR LAW FIRM, LLP, ROCHESTER (WILLIAM S. ROBY, III, OF COUNSEL), FOR PLAINTIFF-APPELLANT.

OSBORN, REED & BURKE, LLP, ROCHESTER (THOMAS C. BURKE OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered August 6, 2010 in a medical malpractice action. The order denied the motion of plaintiff for, inter alia, leave to renew and reargue.

It is hereby ORDERED that said appeal insofar as it seeks leave to reargue is unanimously dismissed and the appeal is otherwise dismissed without costs as moot.

Same Memorandum as in Hilliard v Highland Hosp. ([appeal No. 1] ___ AD3d ___ [Oct. 7, 2011]).

Entered: October 7, 2011 Patricia L. Morgan

Clerk of the Court