MOTION NO. 804.3 MARCIA A. WILD, THOMAS F. HORN, AS CO-EXECUTORS OF THE ESTATE OF MARGUERITE HORN, DECEASED, AND JOSEPH
Motion No: CA 10-01418
Slip Opinion No: 2011 NY Slip Op 86390(U)
Decided on September 30, 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.


September 30, 2011

PRESENT: SCUDDER, P.J., SMITH, CARNI, SCONIERS, AND GREEN, JJ.

DOCKET NO. CA 10-01418

MOTION NO. 804.3

MARCIA A. WILD, THOMAS F. HORN, AS CO-EXECUTORS OF THE

ESTATE OF MARGUERITE HORN, DECEASED, AND

JOSEPH HORN, PLAINTIFFS-RESPONDENTS,

V

CATHOLIC HEALTH SYSTEM, DOING BUSINESS AS

MERCY HOSPITAL OF BUFFALO, ET AL., DEFENDANTS,

BUFFALO EMERGENCY ASSOCIATES, LLP AND

RAQUEL MARTIN, D.O., 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 June 17, 2011,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq., sworn to July 1, 2011, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated July 15, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 30, 2011

Patricia L. Morgan, Clerk