| MOTION NO. 1359/08 WESTFIELD FAMILY PHYSICIANS, P.C., DRS. DONALD F. BRAUTIGAM, GARY E. EGGLESTON, MARK R. HAGEN |
| Motion No: CA 08-01079 |
| Slip Opinion No: 2009 NY Slip Op 71743(U) |
| Decided on April 24, 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. |
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 08-01079
| MOTION NO. 1359/08 WESTFIELD FAMILY PHYSICIANS, P.C., DRS. DONALD
F. BRAUTIGAM, GARY E. EGGLESTON, MARK R. HAGEN, TIMOTHY A. GORMAN, TIMOTHY M. KITCHEN, KRISTOPHER N. HARTWIG, AND BRUCE A. BARKER,
AND ROBERT BERKE, M.D., DOING BUSINESS AS FAMILY HEALTH SERVICES, PLAINTIFFS-RESPONDENTS, V HEALTHNOW NEW YORK, INC.,
DEFENDANT-APPELLANT. |
Plaintiffs having moved for leave to appeal to the Court of Appeals from the order of this Court entered February 6, 2009,
Now, upon reading and filing the affidavit of Daryl P. Brautigam sworn to February 27, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Jeremy A. Colby dated March 19, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: April 24, 2009
Patricia L. Morgan, Deputy Clerk