JANNIE NESMITH, IN HER REPRESENTATIVE CAPACITY ONLY AS PARENT AND NATURAL GUARDIAN OF JANNIE PATTERSON, AN INFANT AND

JANNIE NESMITH, IN HER REPRESENTATIVE CAPACITY ONLY AS PARENT AND NATURAL GUARDIAN OF JANNIE PATTERSON, AN INFANT AND

Motion No: 1252-12

Slip Opinion No: 2013 NY Slip Op 75224(U)

Decided on April 26, 2013

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.

April 26, 2013

PRESENT: SMITH, J.P., CENTRA, LINDLEY, AND WHALEN, JJ.

MOTION NO. 1252-12
DOCKET NO. CA 12-00182

JANNIE NESMITH, IN HER REPRESENTATIVE CAPACITY ONLY AS
PARENT AND NATURAL GUARDIAN OF JANNIE PATTERSON, AN INFANT
AND LORENZO PATTERSON, JR., PLAINTIFFS-RESPONDENTS,
V
ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.

Respondents having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 1, 2013,

Now, upon reading and filing the affidavit of James E. Nixon, Esq., sworn to March 11, 2013, the notice of motion with proof of service thereof, the affirmation of Roy J. Karlin, Esq. sworn to March 19, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 26, 2013

Frances E. Cafarell, Clerk