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MEDLOCK v. DR. WILLIAM O. BENENSON REHABILITATION PAVILION

2016-00949. Index No. 18225/05.

167 A.D.3d 994 (2018)

92 N.Y.S.3d 64

2018 NY Slip Op 08922

Louise Medlock, Plaintiff, v. Dr. William O. Benenson Rehabilitation Pavilion et al., Defendants, and Rehab Alternatives, PLLC, Respondent. Elaine McCray, Nonparty Appellant.

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

Decided December 26, 2018.

Ordered that on the Court's own motion, the notice of appeal dated January 6, 2016, is deemed to be a notice of appeal by nonparty Elaine McCray, as administratrix of the estate of Louise Medlock (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 N.Y.3d 605 [2004]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof directing dismissal of the action pursuant to CPLR...

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