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Widow files appeals in case of man wrongly pronounced dead

Tammy Cleveland, pictured with her late husband, Michael. (Provided photo)

Tammy Cleveland, whose husband allegedly was wrongly pronounced dead after a heart attack, has appealed two adverse pretrial court rulings.

Cleveland asked the Appellate Division of State Supreme Court last week to overturn Justice Frank Caruso's decisions to delete her demand for punitive damages against Kaleida Health and Dr. Gregory C. Perry, and to impose a gag order barring all parties from talking to the media, court filings show.

The lawsuit contends Michael E. Cleveland, 46, of Amherst, was unattended for 2 1/2 hours Oct. 10, 2014, after Perry ruled him dead in the emergency room at Kaleida-owned DeGraff Memorial Hospital in North Tonawanda. Witnesses, including a Niagara County coroner, have said they told Perry that Cleveland was moving and breathing.

After being transferred to Buffalo General Medical Center, Cleveland died the next morning.

On Friday, Kaleida also filed an appeal, objecting to Caruso's decision not to dismiss the lawsuit in its entirety.


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