| JENNIFER PIGUT, AS ADMINISTRATOR OF THE ESTATE OF LAWRENCE D. MCLELLAN, SR., DECEASED V DANIEL A. LEARY, M.D. , ABBOTT |
| Motion No: CA 09-00702 |
| Slip Opinion No: 2009 NY Slip Op 72904(U) |
| Decided on May 13, 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: HURLBUTT, J.P., MARTOCHE, CENTRA, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 09-00702
| JENNIFER PIGUT, AS ADMINISTRATOR OF THE ESTATE OF LAWRENCE D.
MCLELLAN, SR., DECEASED, PLAINTIFF-RESPONDENT, V DANIEL A. LEARY, M.D., ET AL., DEFENDANTS, ABBOTT ANESTHESIOLOGIST ASSOCIATES
AND GREGORY V. TOBIAS, M.D., DEFENDANTS-APPELLANTS. |
Appellants having moved to expedite oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 10, 2008,
Now, upon reading and filing the affidavit of John P. Danieu sworn to April 9, 2009, the notice of motion with proof of service thereof, the affidavit of Brian P. Fitzgerald sworn to April 14, 2009, the reply affidavit of Elizabeth G. Adymy sworn to April 16, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is hereby moved from the September 17, 2009 day calendar of this Court, and shall be submitted without oral argument during the term of this Court commencing June 15, 2009.
Entered: May 13, 2009
Patricia L. Morgan, Clerk