Cite as: Callistro v. Bebbington, No. 242, NYLJ 1202581035250, at *1 (Ct. of App., Decided December 11, 2012)

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.

Decided December 11, 2012

Submitted by John M. Daly, for appellant.

Submitted by Daniel S. Ratner, for respondents.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered on the ground that it is unnecessary. Plaintiff failed to raise a triable issue of fact concerning whether defendants' alleged malpractice in failing to perform a caesarean section rather than a vaginal delivery was the cause of child's alleged cognitive, receptive, and expressive deficits and developmental disability. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.