RENEE SCIARA AND MATTHEW SCIARA, V SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C., AND GEORGE BLESSIOS, M.D.
Motion No: CA 12-00809
Slip Opinion No: 2012 NY Slip Op 88742(U)
Decided on October 19, 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.


October 19, 2012

PRESENT: SCUDDER, P. J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

DOCKET NO. CA 12-00809
DOCKET NO. CA 12-00810

RENEE SCIARA AND MATTHEW SCIARA,

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C.,

AND GEORGE BLESSIOS, M.D., DEFENDANTS-RESPONDENTS.



USHA CHOPRA, M.D. AND FAGER AND AMSLER, LLP,

RESPONDENTS-APPELLANTS.

(APPEAL NO. 1.)

RENEE SCIARA AND MATTHEW SCIARA,

PLAINTIFFS-APPELLANTS,

V

SURGICAL ASSOCIATES OF WESTERN NEW YORK, P.C.,

AND GEORGE BLESSIOS, M.D., DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Plaintiffs having moved to strike respondents-appellants' surreply brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 14, 2011, and September 19, 2011, and

Now, upon reading and filing the affidavits of Brian P. Fitzgerald, Esq., sworn to September 12, 2012, and September 28, 2012, the notice of motion with proof of service thereof, and the affidavit of Nancy E. May-Skinner, Esq., sworn to September 24, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 19, 2012

Frances E. Cafarell, Clerk