| IN THE MATTER OF MARGUERITE MITCHELL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JOHN K. MITCHELL, DECEASED, |
| Motion No: CA 14-00871 |
| Slip Opinion No: 2014 NY Slip Op 77086(U) |
| Decided on June 27, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00871
| IN THE MATTER OF MARGUERITE MITCHELL, INDIVIDUALLY AND
AS ADMINISTRATRIX OF THE ESTATE OF JOHN K. MITCHELL, DECEASED, PLAINTIFF-APPELLANT-RESPONDENT, V NRG
ENERGY, INC. AND DUNKIRK POWER LLC, DEFENDANTS-RESPONDENTS-APPELLANTS. |
Plaintiff having moved to expedite the appeals taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on December 20, 2013,
Now, upon reading and filing the affidavit of Samuel J. Capizzi, Esq., sworn to May 29, 2014, the notice of motion with proof of service thereof, and the affirmation of Thomas P. Kawalec, Esq., dated June 11, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 27, 2014
Frances E. Cafarell, Clerk