| MOTION NO. 1080/08 ARTHUR R. POBLOCKI, AS ADMINISTRATOR OF THE ESTATE OF EILEEN M. POBLOCKI, DECEASED, ARTHUR R. |
| Motion No: CA 07-02295 |
| Slip Opinion No: 2008 NYSlipOp 93480(U) |
| Decided on December 31, 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. |
PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.
DOCKET NO. CA 07-02295
| MOTION NO. 1080/08 ARTHUR R. POBLOCKI, AS ADMINISTRATOR OF THE ESTATE
OF EILEEN M. POBLOCKI, DECEASED, ARTHUR R. POBLOCKI, INDIVIDUALLY, PLAINTIFF, AND HEALTHNOW NEW YORK, INC.,
INTERVENOR-RESPONDENT, V CARMEN TODORO, M.D., AND/OR CARMEN TODORO, M.D., P.C., OB-GYN ASSOCIATES OF WESTERN NEW YORK, P.C.,
AND MCAULEY SETON HOME CARE, DEFENDANTS-APPELLANTS. |
Defendants Carmen Todoro, M.D., and/or Carmen Todoro, M.D., P.C. and OB-GYN Associates of Western New York, P.C. having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 3, 2008,
Now, upon reading and filing the affidavit of Ann M. Campbell sworn to October 28, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Donall O'Carroll sworn to November 7, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: December 31, 2008
JoAnn M. Wahl, Clerk