DONALD SCHULTZ AND KATHERINE SCHULTZ V EXCELSIOR ORTHOPAEDICS, LLP , MICHAEL A. PARENTIS, M.D., AND KEITH C. STUBE
Motion No: CA 14-01425
Slip Opinion No: 2015 NY Slip Op 84097(U)
Decided on September 10, 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.


September 10, 2015

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.

DOCKET NO. CA 14-01425

DONALD SCHULTZ AND KATHERINE SCHULTZ,

PLAINTIFFS-RESPONDENTS,

V

EXCELSIOR ORTHOPAEDICS, LLP, ET AL., DEFENDANTS,

MICHAEL A. PARENTIS, M.D., AND KEITH C. STUBE, M.D., P.C.,

DOING BUSINESS AS KNEE CENTER OF WESTERN NEW YORK,

DEFENDANTS-APPELLANTS.


Respondents having moved to compel appellants' insurance carriers to pay costs and interest in connection with a judgment of Supreme Court entered in the Office of the Clerk of the County of Erie on July 18, 2014,

Now, upon reading and filing the affidavit of Kevin M. Habberfield, Esq., sworn to August 6, 2015, the notice of motion with proof of service thereof, and the affidavit of Terry Cummings, Esq., sworn to August 12, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to any such application made to Supreme Court.

Entered: September 10, 2015

Frances E. Cafarell, Clerk