MOTION NO. 1238/08 MARIE STIDHAM, AS TEMPORARY ADMINISTRATRIX OF THE ESTATE OF MATILDA STIDHAM, DECEASED V HARNATH
Motion No: CA 08-01078
Slip Opinion No: 2009 NYSlipOp 69768(U)
Decided on March 20, 2009
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.


March 20, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-01078

MOTION NO. 1238/08

MARIE STIDHAM, AS TEMPORARY ADMINISTRATRIX OF THE ESTATE OF

MATILDA STIDHAM, DECEASED, PLAINTIFF-RESPONDENT,

V

HARNATH CLERK, M.D., DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 31, 2008,

Now, upon reading and filing the affidavit of Frank C. Callocchia sworn to February 6, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Theresa M. Walsh sworn to February 20, 2009, and due deliberation having been had thereon,

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

Entered: March 20, 2009

JoAnn M. Wahl, Clerk