MATTER OF FOGEL v. KALEIDA HEALTH

732 CA 19-00146.

175 A.D.3d 1102 (2019)

105 N.Y.S.3d 691

2019 NY Slip Op 06350

In the Matter of Jonathan T. Fogel, M.D., Respondent, v. Kaleida Health et al., Appellants.

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

Decided August 22, 2019.


It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the CPLR article 78 proceeding is converted into an action for injunctive relief, the motion is granted and the petition as converted into a complaint is dismissed without prejudice.

Memorandum: Respondents appeal from an order and judgment that, inter alia, denied their pre-answer motion to dismiss the petition, in which petitioner alleges that respondents...

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