MOTION NO. 849/07 KENNETH H. PATTEN, AS TESTAMENTARY EXECUTOR OF THE ESTATE OF PATRICIA PATTEN, DECEASED, AND KENNETH
Motion No: CA 07-00623
Slip Opinion No: 2008 NYSlipOp 77906(U)
Decided on July 3, 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.


July 3, 2008

PRESENT: GORSKI, J.P., MARTOCHE, LUNN, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 07-00623

MOTION NO. 849/07

KENNETH H. PATTEN, AS TESTAMENTARY EXECUTOR OF

THE ESTATE OF PATRICIA PATTEN, DECEASED, AND

KENNETH H. PATTEN, INDIVIDUALLY,

PLAINTIFF-APPELLANT,

V

HAMBURG OB/GYN GROUP, P.C., AND PHILIP LAURIA, M.D.,

DEFENDANTS-RESPONDENTS.


Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered April 25, 2008,

Now, upon reading and filing the affirmation of Jillian Rosen dated May 30, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Kathleen M. Sweet sworn to June 6, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court, entered April 25, 2008, properly made.

Entered: July 3, 2008

JoAnn M. Wahl, Clerk