| DARLENE M. LOHNAS V FRANK A. LUZI, JR., M.D., AND NORTHTOWNS ORTHOPEDICS, P.C. |
| Motion No: NOS. CA 15-00195 AND CA 15-00398 |
| Slip Opinion No: 2015 NY Slip Op 92347(U) |
| Decided on December 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NOS. CA 15-00195 AND CA 15-00398
| DARLENE M. LOHNAS, PLAINTIFF-RESPONDENT, V FRANK A. LUZI, JR.,
M.D., AND NORTHTOWNS ORTHOPEDICS, P.C., DEFENDANTS-APPELLANTS. |
Respondent having moved to supplement the respondent's brief filed on the appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 14, 2014, and February 4, 2015, and appellants having cross-moved for permission to file a supplemental brief,
Now, upon reading and filing the affidavit Brian P. Fitzgerald, Esq., sworn to November 10, 2015, the affidavit of Tamsin, J. Hager, Esq., sworn to November 18, 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 motion and cross motion are denied with leave to renew at oral argument, and without prejudice to post-argument submissions (see 22 NYCRR 1000.11 [g]).
Entered: December 2, 2015
Frances E. Cafarell, Clerk