KATHLEEN BENEDETTI, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF ERIC SMITH, DECEASED V ERIE COUNTY MEDICAL
Motion No: 525-15
Slip Opinion No: 2015 NY Slip Op 86811(U)
Decided on October 2, 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.


October 2, 2015

PRESENT: CENTRA, J.P., CARNI, VALENTINO, AND WHALEN, JJ.

MOTION NO. 525-15
DOCKET NO. CA 14-01855

KATHLEEN BENEDETTI, INDIVIDUALLY AND AS ADMINISTRATOR OF

THE ESTATE OF ERIC SMITH, DECEASED, PLAINTIFF-RESPONDENT,

V

ERIE COUNTY MEDICAL CENTER CORPORATION,

DEFENDANT-APPELLANT.


Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 12, 2015,

Now, upon reading and filing the affidavit of Frank C. Callocchia, Esq., sworn to July 20, 2015, the notice of motion with proof of service thereof, and the affirmation of Allison M. Bozinski, Esq., dated July 24, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 2, 2015

Frances E. Cafarell, Clerk