| KELLEY BUTTERFIELD AND DOUGLAS BUTTERFIELD V JAMES R. CAPUTO, M.D., JAMES R. CAPUTO, M.D., P.C., , AND CROUSE HOSPITAL |
| Motion No: 602-13 |
| Slip Opinion No: 2013 NY Slip Op 87803(U) |
| Decided on September 27, 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. |
PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.
MOTION NO. 602-13
DOCKET NO. CA 12-02058
| KELLEY BUTTERFIELD AND DOUGLAS BUTTERFIELD,
PLAINTIFFS-RESPONDENTS, V JAMES R. CAPUTO, M.D., JAMES R. CAPUTO, M.D., P.C.,
DEFENDANTS-APPELLANTS-RESPONDENTS, AND CROUSE HOSPITAL,
DEFENDANT-RESPONDENT-APPELLANT. |
Defendant Crouse Hospital having moved for leave to appeal to the Court of Appeals from the order of this Court entered July 19, 2013,
Now, upon reading and filing the affirmation of Alan J. Pierce, Esq., dated August 27, 2013, the notice of motion with proof of service thereof, the affidavit of Charles L. Falgiatano, Esq., sworn to September 4, 2013, and the affidavit of John D. Goldman, Esq., sworn to September 6, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
All concur except Fahey, J., who dissents and votes to grant leave to appeal to the Court of Appeals.
Entered: September 27, 2013
Frances E. Cafarell, Clerk