BELINDA MUHAMMAD, INDIVIDUALLY, AND AS MOTHER AND NATURAL GUARDIAN OF ASALAH ABDUL-MAALIX, AN INFANT V JOHN K.
Motion No: CA 11-01764
Slip Opinion No: 2011 NY Slip Op 88109(U)
Decided on October 26, 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.


October 26, 2011

PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, J.

DOCKET NO. CA 11-01764

BELINDA MUHAMMAD, INDIVIDUALLY, AND AS MOTHER AND

NATURAL GUARDIAN OF ASALAH ABDUL-MAALIX, AN INFANT,

PLAINTIFF-RESPONDENT,

V

JOHN K. FITZPATRICK, M.D., CATHOLIC HEALTH SYSTEMS,

SISTERS OF CHARITY FAMILY HEALTH CENTER AND SISTERS OF

CHARITY HOSPITAL OF BUFFALO, DEFENDANTS-APPELLANTS.


American College of Obstetricians and Gynecologists and the American Congress of Obstetricians and Gynecologists having moved for permission to file and serve a brief amicus curiae on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 15, 2011,

Now, upon reading and filing the affidavit of John E. Abeel, Esq., sworn to September 19, 2011, the affidavit of Hal C. Lawrence, III, M.D., FACOG, sworn to September 15, 2011, the notice of motion with proof of service thereof, and the affidavit of Joseph Lichtenstein, Esq., sworn to September 28, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 26, 2011

Patricia L. Morgan, Clerk