| INTER-COMMUNITY MEMORIAL HOSPITAL OF NEWFANE, INCORPORATED AND INTEGRATED CARE SYSTEMS, LLC, DOING BUSINESS AS NEWFANE |
| Motion No: CA 11-00538 |
| Slip Opinion No: 2012 NY Slip Op 65055(U) |
| Decided on February 16, 2012 |
| 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, LINDLEY, AND MARTOCHE, JJ.
DOCKET NO. CA 11-00538
| INTER-COMMUNITY MEMORIAL HOSPITAL OF NEWFANE, INCORPORATED AND
INTEGRATED CARE SYSTEMS, LLC, DOING BUSINESS AS NEWFANE REHABILITATION & HEALTH CARE CENTER,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V THE HAMILTON WHARTON GROUP, INC., WALTER B. TAYLOR, AS MANAGING DIRECTOR OF NEW YORK
HEALTH CARE FACILITIES WORKERS' COMPENSATION TRUST, DEFENDANTS-APPELLANTS-RESPONDENTS, CATHY MADDEN, LINDA VILLANO,
PHYLLIS ETTINGER, PATRICIA HUBER, ROSA BARKSDALE, JANE DOE AND JOHN DOE, AS TRUSTEES OF NEW YORK HEALTH CARE FACILITIES WORKERS'
COMPENSATION TRUST, DANIEL MUSHKIN, DEFENDANTS-RESPONDENTS, MATTHEWS, BARTLETT & DEDECKER, INC., NOW KNOWN AS M & T
INSURANCE AGENCY, INC., ET AL., DEFENDANTS. |
Defendant Phyllis Ettinger having moved to strike Point IV of plaintiffs' reply brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 20, 2010, and having moved for other relief,
Now, upon reading and filing the affirmation of Peter A. Lauricella, Esq., dated January 20, 2012, the notice of motion with proof of service thereof, the affirmation of Melissa A. Day, Esq,. dated January 26, 2012, and the affidavit of David E. Gutowski, Esq., sworn to February 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew at oral argument.
Entered: February 16, 2012
Frances E. Cafarell, Clerk