DUNBAR v. WOMEN CHILDREN HOSPITAL OF BUFFALO PLLC LLC CNM PLLC (2023)

Supreme Court, Appellate Division, Fourth Department, New York.

Morgan Jamie DUNBAR and Macnore Cameron, Plaintiffs-Appellants, v. WOMEN & CHILDREN'S HOSPITAL OF BUFFALO, and Its Successors in Interest, Including Corporations and/or Entities, John R. Oishei Children's Hospital, Previously Known as Women & Children's Hospital of Buffalo, Kaleida Health, Inc., Gil Michael Farkash, M.D., Debra M. Erckert, R.N., Denise M. Meissner, R.N., Katharine V. Morrison, M.D., Katharine V. Morrison, M.D., PLLC, The Birthing Center of Buffalo, Doing Business as Buffalo Womenservices, LLC, Buffalo Gyn Womenservices, Inc., Eileen Stewart, CNM, Buffalo Midwifery Services, PLLC, Defendants-Respondents, et al., Defendants. (Appeal No. 3.)

192 Decided: June 09, 2023

PRESENT: SMITH, J.P., PERADOTTO, CURRAN, BANNISTER, AND MONTOUR, JJ.

MORGAN JAMIE DUNBAR, PLAINTIFF-APPELLANT PRO SE. MACNORE CAMERON, PLAINTIFF-APPELLANT PRO SE. CONNORS LLP, BUFFALO (MOLLIE C. MCGORRY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS WOMEN & CHILDREN'S HOSPITAL OF BUFFALO, AND ITS SUCCESSORS IN INTEREST, INCLUDING CORPORATIONS AND/OR ENTITIES, JOHN R. OISHEI CHILDREN'S HOSPITAL, PREVIOUSLY KNOWN AS WOMEN & CHILDREN'S HOSPITAL OF BUFFALO, KALEIDA HEALTH, INC., DEBRA M. ERCKERT, R.N., AND DENISE M. MEISSNER, R.N. THE TARANTINO LAW FIRM, LLP, BUFFALO (KIMBERLY A. CLINE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS EILEEN STEWART, CNM, AND BUFFALO MIDWIFERY SERVICES, PLLC. EAGAN & HEIMER PLLC, BUFFALO (NEAL A. JOHNSON OF COUNSEL), FOR DEFENDANTS-RESPONDENTS KATHARINE V. MORRISON, M.D., KATHARINE V. MORRISON, M.D., PLLC, THE BIRTHING CENTER OF BUFFALO, DOING BUSINESS AS BUFFALO WOMENSERVICES, LLC, AND BUFFALO GYN WOMENSERVICES, INC.

ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876 [1980]).

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