MOTION NO. 1072/07 CYNTHIA SELMENSBERGER, AS EXECUTOR OF THE ESTATE OF CLARA F. BADZINSKI, DECEASED V KALEIDA HEALTH
Motion No: CA 06-02365
Slip Opinion No: 2008 NYSlipOp 62972(U)
Decided on February 1, 2008
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.


February 1, 2008

PRESENT: SCUDDER, P.J., CENTRA, LUNN, PERADOTTO, AND GORSKI, JJ.

DOCKET NO. CA 06-02365

MOTION NO. 1072/07

CYNTHIA SELMENSBERGER, AS EXECUTOR OF THE ESTATE OF CLARA

F. BADZINSKI, DECEASED, PLAINTIFF-RESPONDENT,

V

KALEIDA HEALTH, JAMES CORASANTI, M.D., THOMAS Z. LAJOS,

M.D., DEFENDANTS-APPELLANTS,

ET AL., DEFENDANT.


Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 23, 2007,

Now, upon reading and filing the affidavit of Brian A. Birenbach sworn to

December 21, 2007, the affidavit of Nicole Schreib Mayer sworn to December 27, 2007, the notices of motion with proof of service thereof, the opposing affirmation of

Bradley P. Kammholz dated January 10, 2008, and due deliberation having been had thereon,

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

Entered: February 1, 2008

JoAnn M. Wahl, Clerk