Cochrane v. Gotham

— Order unanimously affirmed, without costs. Memorandum: A Medical Malpractice Panel found no liability on the part of defendant Dr. Gotham and liability on the part of defendant Dr. Fackler for injuries sustained by the infant plaintiff during and immediately following her birth. Plaintiffs and Dr. Fackler appeal from the denial of their motions to vacate the Panel findings on the ground that counsel for Dr. Gotham made an ex parte submission of expert medical reports to the Panel. We granted plaintiffs permission to appeal (see, 7 Weinstein-Korn-Miller, NY Civ Prac fl 5701.16b; Fallon v…