| DOCKET NO. CA 02620 CYNTHIA JOHNPIER, INDIVIDUALLY AND AS LEGAL GUARDIAN OF MICHAEL P. JOHNPIER, AN INFANT V DAVID C. |
| Motion No: |
| Slip Opinion No: 2010 NY Slip Op 62011(U) |
| Decided on January 19, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
| DOCKET NO. CA 02620 CYNTHIA JOHNPIER, INDIVIDUALLY AND AS LEGAL
GUARDIAN OF MICHAEL P. JOHNPIER, AN INFANT, PLAINTIFF-RESPONDENT, V DAVID C. PLACHE, M.D., DEFENDANT-APPELLANT, NIAGARA
FALLS MEMORIAL MEDICAL CENTER, DEFENDANT. |
Appellant having moved to expedite the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie, on June 10, 2009,
Now, upon reading and filing the affidavit of Amy C. Martoche sworn to December 30, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to January 14, 2010, and the reply affidavit of Amy C. Martoche sworn to January 15, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: January 19, 2010
Patricia L. Morgan, Clerk