| LYNN M. DEMMING, FORMERLY KNOWN AS LYNN M. SCHILLINGER V MICHAEL J. DENK, M.D., BUFFALO MEDICAL GROUP, P.C., KALEIDA |
| Motion No: CA 07-01791 |
| Slip Opinion No: 2007 NYSlipOp 84672(U) |
| Decided on November 27, 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. |
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 07-01791
| LYNN M. DEMMING, FORMERLY KNOWN AS LYNN M. SCHILLINGER,
PLAINTIFF-RESPONDENT, V MICHAEL J. DENK, M.D., BUFFALO MEDICAL GROUP, P.C., KALEIDA HEALTH, DOING BUSINESS AS BUFFALO GENERAL
HOSPITAL, BUFFALO GENERAL HOSPITAL, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. |
Respondent having moved to strike portions of the brief submitted by appellants Kaleida Health and Buffalo General Hospital the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 29, 2007, on the ground that it refers to events and facts outside of the record on appeal,
Now, upon reading and filing the affirmation of Ellen M. Krebs dated November 2, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Amy Archer Flaherty sworn to November 9, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: November 27, 2007
JoAnn M. Wahl, Clerk