| IN THE MATTER OF MARGUERITE MITCHELL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JOHN K. MITCHELL, DECEASED, |
| Motion No: 1391-14 |
| Slip Opinion No: 2015 NY Slip Op 72341(U) |
| Decided on May 1, 2015 |
| 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, CARNI, LINDLEY, AND SCONIERS, JJ.
MOTION NO. 1391-14
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. |
Defendants having moved and plaintiff having cross-moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 13, 2015,
Now, upon reading and filing the affirmations of Thomas P. Kawalec, Esq., dated March 11, 2015, and March 27, 2015, the affidavit of Samuel J. Capizzi, Esq., sworn to March 26, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied.
Entered: May 1, 2015
Frances E. Cafarell, Clerk