| CATHERINE B. WHITE AND SCOTT C. SMITH, AS ATTORNEY IN FACT FOR CATHERINE B. WHITE V F.F. THOMPSON HEALTH SYSTEM, INC. |
| Motion No: CA 09-02456 |
| Slip Opinion No: 2010 NY Slip Op 62078(U) |
| Decided on January 25, 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: PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 09-02456
| CATHERINE B. WHITE AND SCOTT C. SMITH, AS ATTORNEY IN FACT FOR
CATHERINE B. WHITE, PLAINTIFFS-RESPONDENTS, V F.F. THOMPSON HEALTH SYSTEM, INC., F.F.T. SENIOR COMMUNITIES, INC., DOING BUSINESS
AS FERRIS HILLS AT WEST LAKE, DEFENDANTS-APPELLANTS. |
An appeal having been taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on October 23, 2009, and appellants having moved pursuant to CPLR § 5518 to vacate the order, and for other relief,
Now, upon reading and filing the affirmation of Thomas S. D'Antonio dated November 30, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael T. DiPrima sworn December 11, 2009, the reply affirmation of Thomas S. D'Antonio dated December 11, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that if perfected on or before February 17, 2010, the appeal shall be placed on the calendar for the term of Court commencing April 5, 2010.
Entered: January 25, 2010
Patricia L. Morgan, Clerk