*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 965

CA 15-01053

PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ. EARTHA C. SOUTHERN, INDIVIDUALLY AND AS PARENT

AND NATURAL GUARDIAN AND ADMINISTRATOR OF THE

ESTATE OF MALACHI SOUTHERN, INFANT, DECEASED,

PLAINTIFF-APPELLANT,

V ORDER SENZAN HSU, M.D., CHILDREN’S HOSPITAL OF BUFFALO

OF KALEIDA HEALTH, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT.

EARTHA C. SOUTHERN, PLAINTIFF-APPELLANT PRO SE.

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR DEFENDANT-RESPONDENT SENZAN HSU, M.D.

ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO (ELIZABETH G. ADYMY OF COUNSEL), FOR DEFENDANT-RESPONDENT CHILDREN’S HOSPITAL OF BUFFALO OF KALEIDA HEALTH. Appeal from an order of the Supreme Court, Erie County (John M.

Curran, J.), entered April 9, 2015. The order granted the motions of defendants Senzan Hsu, M.D., and Children’s Hospital of Buffalo of Kaleida Health, for summary judgment dismissing all claims and cross claims against them.

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: November 10, 2016 Frances E. Cafarell

Clerk of the Court