MOTION NO. 1636/07 LYNN M. DEMMING, FORMERLY KNOWN AS LYNN M. SCHILLINGER V MICHAEL J. DENK, M.D., BUFFALO MEDICAL
Motion No: CA 07-01791
Slip Opinion No: 2008 NYSlipOp 75148(U)
Decided on June 6, 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.


June 6, 2008

PRESENT: HURLBUTT, J.P., SMITH, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 07-01791

MOTION NO. 1636/07

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.


Defendants Michael J. Denk, M.D., and Buffalo Medical Group, P.C. having moved for leave to appeal to the Court of Appeals from the order of this Court entered February 1, 2008,

Now, upon reading and filing the affidavit of John T. Loss sworn to March 24, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Ellen M. Krebs sworn to April 2, 2008, the opposing affidavit of Amy Archer Flaherty sworn to April 4, 2008, and due deliberation having been had thereon,

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

Entered: June 6, 2008

JoAnn M. Wahl, Clerk