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

MOTION NO. 1043-12
DOCKET NO. CA 12-00002
MOTION NO. 1044-12
DOCKET NO. CA 12-00563

LORI HOOVER, PLAINTIFF-RESPONDENT, AND JESSICA BOWERS, PLAINTIFF-RESPONDENT-APPELLANT, V NEW HOLLAND NORTH AMERICA, INC., FORMERLY KNOWN AS FORD NEW HOLLAND, INC., CASE NEW HOLLAND, INC., NIAGARA FRONTIER EQUIPMENT SALES, INC., FORMERLY KNOWN AS NIAGARA FORD NEW HOLLAND, INC., DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL., DEFENDANTS. CNH AMERICA LLC, THIRD-PARTY PLAINTIFF-APPELLANT, V KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS TEMPORARY ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.) LORI HOOVER AND JESSICA BOWERS, PLAINTIFFS-RESPONDENTS, V NEW HOLLAND NORTH AMERICA, INC., FORMERLY KNOWN AS FORD NEW HOLLAND, INC., CASE NEW HOLLAND, INC., NIAGARA FRONTIER EQUIPMENT SALES, INC., FORMERLY KNOWN AS NIAGARA FORD NEW HOLLAND, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. ————————————————————&m dash;————- CNH AMERICA LLC, THIRD-PARTY PLAINTIFF-APPELLANT, V KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS TEMPORARY ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Defendants CNH America LLC and Niagara Frontier Equipment Sales, Inc., formerly known as Niagara Ford New Holland, Inc., having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from an order of this Court entered November 16, 2012,

Now, upon reading and filing the affidavit of Paul F. Jones, Esq., sworn to November 26, 2012, the notice of motion with proof of service thereof, the affirmation of Joseph A. Matteliano, Esq., dated December 5, 2012, and the affidavit of John A. Collins, Esq., sworn to December 6, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 1, 2013

Frances E. Cafarell, Clerk