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KELLY v. ST. FRANCIS HOSP.

2011-01863, 2011-01867.

100 A.D.3d 707 (2012)

953 N.Y.S.2d 658

2012 NY Slip Op 7635

MICHAEL KELLY et al., Appellants, v. ST. FRANCIS HOSPITAL et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

November 14, 2012.

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the appeal from so much of the judgment as is in favor of the defendants and against the plaintiff Michael Kelly dismissing the complaint insofar as asserted by that plaintiff is dismissed, without costs or disbursements, as that plaintiff is deceased and no substitution for him has been made or sought; and it is further,

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