| MOTION NO. 1071 DONNA PONHOLZER AND WILLIAM PONHOLZER V EDWARD D. SIMMONS, M.D. AND SIMMONS ORTHOPAEDIC & SPINE |
| Motion No: CA 10-00740 |
| Slip Opinion No: 2011 NY Slip Op 65015(U) |
| Decided on February 10, 2011 |
| 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., CENTRA, PERADOTTO, AND SCONIERS, JJ.
DOCKET NO. CA 10-00740
| MOTION NO. 1071 DONNA PONHOLZER AND WILLIAM PONHOLZER,
PLAINTIFFS-RESPONDENTS, V EDWARD D. SIMMONS, M.D. AND SIMMONS ORTHOPAEDIC & SPINE ASSOCIATES, LLP,
DEFENDANTS-APPELLANTS. |
Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 12, 2010,
Now, upon reading and filing the affirmation of Melissa L. Zittel, Esq. dated December 17, 2010, the notice of motion with proof of service thereof, and the affidavit of Brian G. Stamm, Esq. sworn to December 22, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: February 10, 2011
Patricia L. Morgan, Clerk