WESTFIELD FAMILY PHYSICIANS, P.C., AND DRS. DONALD F. BRAUTIGAM, GARY E. EGGLESTON, MARK R. HAGEN, TIMOTHY A. GORMAN
Motion No: CA 08-01079
Slip Opinion No: 2008 NYSlipOp 75241(U)
Decided on June 17, 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 17, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-01079

WESTFIELD FAMILY PHYSICIANS, P.C., AND DRS.

DONALD F. BRAUTIGAM, GARY E. EGGLESTON, MARK R. HAGEN,

TIMOTHY A. GORMAN, TIMOTHY M. KITCHEN,

KRISTOPHER N. HARTWIG, BRUCE A. BARKER, AND

ROBERT BERKE, M.D., DOING BUSINESS AS FAMILY HEALTH

SERVICES, PLAINTIFFS-RESPONDENTS,

V

HEALTHNOW NEW YORK, INC., DEFENDANT-APPELLANT.


Appellant having moved to expedite oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on December 17, 2007,

Now, upon reading and filing the affirmation of Jeremy A. Colby dated May 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Daryl P. Brautigam sworn to May 29, 2008, and due deliberation having been had thereon,

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

Entered: June 17, 2008

JoAnn M. Wahl, Clerk