SHARON OCCHINO AND FREDERICK OCCHINO V X. CYNTHIA FAN, M.D., PH.D. AND WINDSONG RADIOLOGY, P.C.
Motion No: CA 15-01487
Slip Opinion No: 2015 NY Slip Op 91010(U)
Decided on November 18, 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.


November 18, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-01487

SHARON OCCHINO AND FREDERICK OCCHINO,

PLAINTIFFS-APPELLANTS,

V

X. CYNTHIA FAN, M.D., PH.D. AND WINDSONG RADIOLOGY, P.C.,

DEFENDANTS-RESPONDENTS.


Appellants having moved for reargument of the order of this Court entered September 22, 2015, dismissing the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 22, 2015,

Now, upon reading and filing the affidavit of Michael J. Skoney, Esq., sworn to October 19, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).

Entered: November 18, 2015

Frances E. Cafarell, Clerk