MOTION NO. 48 IRIC BURTON V ANDREW C. MATTELIANO, M.D., NIAGARA FRONTIER TRANSPORTATION AUTHORITY AND DONALD J. JACOB
Motion No: CA 10-00928
Slip Opinion No: 2011 NY Slip Op 72433(U)
Decided on April 29, 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.


April 29, 2011

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND MARTOCHE, JJ.

DOCKET NO. CA 10-00928

MOTION NO. 48

IRIC BURTON, PLAINTIFF-APPELLANT,

V

ANDREW C. MATTELIANO, M.D., NIAGARA FRONTIER TRANSPORTATION

AUTHORITY AND DONALD J. JACOB, M.D.,

DEFENDANTS-RESPONDENTS.


Appellant having moved for reargument of the order of this Court entered February 10, 2011,

Now, upon reading and filing the affidavit of John D. Wieser, Esq. dated March 22, 2011, the notice of motion with proof of service thereof, and the affidavit of Wayne R. Gradl, Esq. sworn to March 28, 2011, and the affidavit of Frank C. Callocchia, Esq. sworn to March 25, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 29, 2011

Patricia L. Morgan, Clerk