MOTION NO. 782/08 DANIE ANN ABBOTOY AND JAMES ABBOTOY, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF THE INFANT

MOTION NO. 782/08 DANIE ANN ABBOTOY AND JAMES ABBOTOY, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF THE INFANT

Motion No: CA 07-02625

Slip Opinion No: 2008 NYSlipOp 86339(U)

Decided on October 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.

October 3, 2008

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, PERADOTTO, AND GREEN, JJ.

DOCKET NO. CA 07-02625

MOTION NO. 782/08
DANIE ANN ABBOTOY AND JAMES ABBOTOY, INDIVIDUALLY AND AS
PARENTS AND NATURAL GUARDIANS OF THE INFANT, DANIEL
ABBOTOY, PLAINTIFFS-RESPONDENTS,
V
DAVID I. KURSS, M.D., DOING BUSINESS AS SUBURBAN OBSTETRICS
& GYNECOLOGY, DOING BUSINESS AS WOMEN'S WELLNESS CENTER OF
WESTERN NEW YORK, DEFENDANT-APPELLANT.

Defendant having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 13, 2008,

Now, upon reading and filing the affidavit of Jennifer L. Noah sworn to July 29, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

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

Entered: October 3, 2008

JoAnn M. Wahl, Clerk