KATHLEEN NASCA AND ANTHONY NASCA V MARK LOUIS DELMONTE, DOING BUSINESS AS NIAGARA CHIROPRACTIC OFFICE (FORMERLY
Motion No: 1191-13
Slip Opinion No: 2014 NY Slip Op 64903(U)
Decided on February 7, 2014
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.


February 7, 2014

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND WHALEN, JJ.

MOTION NO. 1191-13
DOCKET NO. CA 13-00362

KATHLEEN NASCA AND ANTHONY NASCA, PLAINTIFFS-APPELLANTS,

V

MARK LOUIS DELMONTE, DOING BUSINESS AS NIAGARA CHIROPRACTIC

OFFICE (FORMERLY INCORRECTLY SUED HEREIN AS "NIAGARA

CHIROPRACTIC"), DEFENDANT-RESPONDENT,

ET AL., DEFENDANT.


Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 15, 2013,

Now, upon reading and filing the affidavit of Matthew J. Kibler, Esq., sworn to January 9, 2014, the notice of motion with proof of service thereof, and the affirmation of Gerard A. Strauss, Esq., dated January 15, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 7, 2014

Frances E. Cafarell, Clerk