IN THE MATTER OF JACQUELYN KREINHEDER, ADMINISTRATRIX OF THE ESTATE OF LEAH JONES-KREINHEDER, DECEASED V MATTHEW
Motion No: CA 09-00970
Slip Opinion No: 2009 NY Slip Op 75457(U)
Decided on June 16, 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.


June 16, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-00970

IN THE MATTER OF JACQUELYN KREINHEDER, ADMINISTRATRIX OF

THE ESTATE OF LEAH JONES-KREINHEDER, DECEASED,

PLAINTIFF-RESPONDENT,

V

MATTHEW WITHIAM-LEITCH, M.D., ET AL., DEFENDANTS,

DENNIS M. WEPPNER, M.D., DEFENDANT-APPELLANT.


Appellant 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 February 19, 2009,

Now, upon reading and filing the affirmation of James E. Eagan dated May 28, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Matthew Gaier dated May 28, 2009, the reply affirmation of James E. Eagan dated June 3, 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 added to the September 17, 2009 day calendar of this Court.

Entered: June 16, 2009

Patricia L. Morgan, Clerk