TERRY HILLIARD PLAINTIFF APPELLANT v. APPEAL NO

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

TERRY D. HILLIARD, PLAINTIFF–APPELLANT, v. HIGHLAND HOSPITAL, DEFENDANT–RESPONDENT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

CA 11–00113

Decided: October 07, 2011

PRESENT:  CENTRA, J.P., FAHEY, SCONIERS, GREEN, AND MARTOCHE, JJ. 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.

MEMORANDUM AND ORDER

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] ).

Patricia L. Morgan

Clerk of the Court