CARMEN BRITT, AND CARMEN BRITT AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY
Motion No: CA 13-01393
Slip Opinion No: 2014 NY Slip Op 65806(U)
Decided on March 3, 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.


March 3, 2014

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, LINDLEY, AND VALENTINO, JJ.

DOCKET NO. CA 13-01393

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, ADMINISTRATOR OF THE ESTATE OF

JERELINE ELIZABETH GIWA, DECEASED, GRACE MANOR HEALTH CARE

FACILITY, INC., DAVID J. GENTNER, MARY STEPHAN,

KATHY RANDALL, TIFFANY MATTHEWS AND PHILLIP J. RADOS, M.D.,

DEFENDANTS-RESPONDENTS.


Appellant having moved to discontinue the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 6, 2013,

Now, upon reading and filing the affirmations of Frank S. Falzone, Esq., dated February 21, 2014 and February 22, 2014, the notice of motion with proof of service thereof, the affiavit of John J. Marchese, Esq., sworn to February 27, 2014, the affidavit of Adam C. Ferrandino, Esq., sworn to February 28, 2014, and the affidavit of Elizabeth G. Adymy, Esq., sworn to February 28, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 3, 2014

Frances E. Cafarell, Clerk