| GREGORY CANUTE, M.D. V JO ANN MILLARD |
| Motion No: CA 09-00944 |
| Slip Opinion No: 2009 NY Slip Op 72917(U) |
| Decided on May 19, 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., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00944
| GREGORY CANUTE, M.D., PLAINTIFF-APPELLANT, V JO ANN MILLARD,
DEFENDANT-RESPONDENT. |
Appellant having moved for leave to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on April 29, 2009,
Now, upon reading and filing the affidavit of Edward B. Alderman sworn to May 5, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Peter Simon Grenis sworn to May 13, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied as unnecessary, inasmuch as an appeal lies as of right (see Donald Rubin, Inc. v Schwartz, 220 AD2d 323 [1995]).
Entered: May 19, 2009
Patricia L. Morgan, Clerk