Majority
p. 976Donald Burg, Appellant, v Health Care Plan, et al., Defendants, and David B. Lillie, M.D., Respondent. (Appeal No. 2.) [722 NYS2d 451]
Order unanimously affirmed without costs. Same Memorandum as in Burg v Health Care Plan (281 AD2d 976 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Summary Judgment.) Present — Green, J. P., Wisner, Hurlbutt and Burns, JJ.