CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY

Motion No: CA 12-00173

Slip Opinion No: 2012 NY Slip Op 88799(U)

Decided on October 24, 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 24, 2012

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

DOCKET NO. CA 12-00173

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE
OF LULA BAITY, DECEASED, PLAINTIFF-APPELLANT,
V
BUFFALO MUNICIPAL HOUSING AUTHORITY, ELAINE GARBE,
BISILOLA F. JACKSON, AS ADMINISTRATOR OF THE ESTATE OF
JERELENE ELIZABETH GIWA, DECEASED, GRACE MANOR HEALTH CARE
FACILITY, INC., DAVID J. GENTNER, MARY STEPHAN,
KATHY RANDALL, TIFFANY MATTHEWS, PHILLIP J. RADOS, M.D.,
DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.

Respondent Phillip J. Rados, M.D. having moved to strike the statement pursuant to CPLR 5531 contained in appellant's record on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2011,

Now, upon reading and filing the affidavit of Elizabeth G. Adymy, Esq., sworn to September 27, 2012, the notice of motion with proof of service thereof, and the affidavit of John J. Marchese, Esq., sworn to October 3, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 24, 2012

Frances E. Cafarell, Clerk