IN THE MATTER OF ISABELLA MENDOLA, INDIVIDUALLY AND AS ADMINISTRATRIX OF ESTATE OF ARLENE E. RUSSELL, DECEASED, FRANCIS
Motion No: CA 09-01055
Slip Opinion No: 2009 NY Slip Op 78796(U)
Decided on July 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.


July 16, 2009

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.

DOCKET NO. CA 09-01055

IN THE MATTER OF ISABELLA MENDOLA, INDIVIDUALLY AND AS

ADMINISTRATRIX OF ESTATE OF ARLENE E. RUSSELL, DECEASED,

FRANCIS INDELICATO AND BARBARA IPPOLITO,

PLAINTIFFS-RESPONDENTS,

V

ERIE COUNTY MEDICAL CENTER CORPORATION, ET AL. DEFENDANTS,

DAVID P. HUGHES, 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 January 27, 2009,

Now, upon reading and filing the affidavit of Betsy Finnerty sworn to June 4, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

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

Entered: July 16, 2009

Patricia L. Morgan, Clerk