JASON KIRCHNER PLAINTIFF APPELLANT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department.

JASON KIRCHNER, PLAINTIFF–APPELLANT, v. COUNTY OF NIAGARA, CLAUDETTE CALDWELL, COUNTY OF ERIE, JAMES J. WOYTASH, M.D., AND UNIVERSITY AT BUFFALO PATHOLOGISTS, INC., DEFENDANTS–RESPONDENTS. (APPEAL NO. 2.)

CA 16–01353

Decided: September 29, 2017

PRESENT:  WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. HOGAN WILLIG, PLLC, AMHERST (STEVEN M. COHEN OF COUNSEL), FOR PLAINTIFF–APPELLANT. FELDMAN KIEFFER, LLP, BUFFALO (MATTHEW J. KIBLER OF COUNSEL), FOR DEFENDANTS–RESPONDENTS JAMES J. WOYTASH, M.D., AND UNIVERSITY AT

MEMORANDUM AND ORDER

BUFFALO PATHOLOGISTS, INC.

It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is affirmed without costs.

Same memorandum as in Kirchner v. County of Niagara ( [appeal No. 1] _ AD3d _ [Sept. 29, 2017] ).

Mark W. Bennett

Clerk of the Court