| KATHLEEN BENEDETTI, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ERIC SMITH, DECEASED V ERIE COUNTY MEDICAL |
| Motion No: 115-15 |
| Slip Opinion No: 2015 NY Slip Op 76584(U) |
| Decided on June 12, 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: SMITH, J.P., CARNI, LINDLEY, AND VALENTINO, JJ.
MOTION NO. 115-15
DOCKET NO. CA 14-01114
| KATHLEEN BENEDETTI, INDIVIDUALLY AND AS ADMINISTRATOR OF THE
ESTATE OF ERIC SMITH, DECEASED, PLAINTIFF-RESPONDENT, V ERIE COUNTY MEDICAL CENTER CORPORATION, DEFENDANT-APPELLANT,
ET AL., DEFENDANTS. |
Defendant-appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 20, 2015,
Now, upon reading and filing the affidavit of Tomas J. Callocchia, Esq., sworn to April 22, 2015, the notice of motion with proof of service thereof, the opposing affirmation of Katherine Veith Markel, Esq., dated May 8, 2015, the reply affidavit of Tomas J. Callocchia, Esq., sworn to May 13, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 12, 2015
Frances E. Cafarell, Clerk