MOTION NO. 1008 ROBERT BAKER AND DARLENE BAKER, INDIVIDUALLY AND AS ADMINISTRATORS OF THE ESTATE OF DOMINICK BAKER
Motion No: CA 10-00507
Slip Opinion No: 2010 NY Slip Op 92260(U)
Decided on December 30, 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.


December 30, 2010

PRESENT: SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND PINE, JJ.

DOCKET NO. CA 10-00507

MOTION NO. 1008

ROBERT BAKER AND DARLENE BAKER, INDIVIDUALLY AND AS

ADMINISTRATORS OF THE ESTATE OF DOMINICK BAKER, DECEASED,

PLAINTIFFS-RESPONDENTS,

V

COUNTY OF OSWEGO, DEFENDANT-APPELLANT,

CARL F. ERIKSON AND DEBRA L. ERIKSON, AS PARENTS AND

NATURAL GUARDIANS OF JOHN M. ERIKSON, AN INFANT, AND

THERESA L. PROCTOR, DEFENDANTS-RESPONDENTS.


Defendant-appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 1, 2010,

Now, upon reading and filing the affirmation of Kathleen D. Foley, Esq. dated November 1, 2010, the notice of motion with proof of service thereof, and the affidavit of Michael G. Bersani, Esq. sworn to November 5, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 30, 2010

Patricia L. Morgan, Clerk