EXCELLUS HEALTH PLAN, INC., FOR ITSELF AND AS SUCCESSOR IN INTEREST TO BLUECROSS BLUESHIELD OF CENTRAL NEW YORK, AND

EXCELLUS HEALTH PLAN, INC., FOR ITSELF AND AS SUCCESSOR IN INTEREST TO BLUECROSS BLUESHIELD OF CENTRAL NEW YORK, AND

Motion No: CA 08-02569

Slip Opinion No: 2008 NYSlipOp 92870(U)

Decided on December 23, 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.

December 23, 2008

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

DOCKET NO. CA 08-02569

EXCELLUS HEALTH PLAN, INC., FOR ITSELF AND AS SUCCESSOR IN
INTEREST TO BLUECROSS BLUESHIELD OF CENTRAL NEW YORK, AND
UNIVERA HEALTHCARE, PLAINTIFFS-RESPONDENTS,
V
M. ROBERT NEULANDER, M.D., DEFENDANT-APPELLANT.

Appellant having moved for preliminary injunctive relief pending the hearing and determination of the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Monroe on December 9, 2008,

Now, upon reading and filing the affidavit of William J. Leberman sworn to December 12, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Dale A. Worrall sworn to December 19, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, (see Dhillon v HealthNow N.Y., 32 AD3d 1197, 1198 [2006]; Abramo v HeathNow N.Y., 305 AD2d 1009, 1010 [2003]).

Entered: December 23, 2008

JoAnn M. Wahl, Clerk