MOTION NO. 731/07 IN THE MATTER OF THOMAS J. WILLIAMS AND PATRICK J. WILLIAMS, EXECUTORS OF THE ESTATE OF AUGUSTINE

MOTION NO. 731/07 IN THE MATTER OF THOMAS J. WILLIAMS AND PATRICK J. WILLIAMS, EXECUTORS OF THE ESTATE OF AUGUSTINE

Motion No: CA 06-03224

Slip Opinion No: 2007 NYSlipOp 79857(U)

Decided on September 28, 2007

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 28, 2007

PRESENT: GORSKI, J.P., SMITH, CENTRA, LUNN, AND FAHEY, JJ.

DOCKET NO. CA 06-03224

MOTION NO. 731/07
IN THE MATTER OF THOMAS J. WILLIAMS AND
PATRICK J. WILLIAMS, EXECUTORS OF THE
ESTATE OF AUGUSTINE WILLIAMS, DECEASED,
PETITIONERS-APPELLANTS,
V
MICHAEL WEINER, COMMISSIONER, ERIE COUNTY DEPARTMENT OF
SOCIAL SERVICES, ANTONIA C. NOVELLO, COMMISSIONER, NEW YORK
STATE DEPARTMENT OF HEALTH, AND MARK LACIVITA, DIRECTOR OF
ADMINISTRATION, OFFICE OF ADMINISTRATIVE HEARINGS, NEW YORK
STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,
RESPONDENTS-RESPONDENTS.

Petitioners having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered July 6, 2007,

Now, upon reading and filing the affidavit of William W. Berry sworn to

August 10, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Kathleen M. Treasure dated August 16, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: September 28, 2007

JoAnn M. Wahl, Clerk