JOSEPH F. GAGNON, JR. AND SHARON GAGNON V ST. JOSEPH'S HOSPITAL, THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, RICHARD
Motion No: CA 11-00343
Slip Opinion No: 2012 NY Slip Op 68648(U)
Decided on March 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.


March 16, 2012

PRESENT: FAHEY, J. P., CARNI, SCONIERS, AND MARTOCHE, JJ.

DOCKET NO. CA 11-00343
MOTION NO. 1146-11

JOSEPH F. GAGNON, JR. AND SHARON GAGNON,

PLAINTIFFS-APPELLANTS,

V

ST. JOSEPH'S HOSPITAL, THROUGH ITS OFFICERS, AGENTS AND/OR

EMPLOYEES, RICHARD KELLEY, M.D., INDIVIDUALLY AND AS AN

OFFICER, AGENT AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL,

DAVID ENG, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT

AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, AND CRAIG

MONTGOMERY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT

AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL,

DEFENDANTS-RESPONDENTS.


Respondents David Eng., M.D, Craig Montgomery, M.D., and Richard Kelley, M.D., having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 30, 2011,

Now, upon reading and filing the affidavit of James D. Lantier, Esq., sworn to February 7, 2012, the affirmation of Joshua M. Gillette, Esq., dated February 6, 2012, the notices of motion with proof of service thereof, and the affirmation of Gustave J. DeTraglia, Jr., Esq., received February 16, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied.

Entered: March 16, 2012

Frances E. Cafarell, Clerk