NANCY BURKHART, AS ADMINISTRATOR OF THE ESTATE OF BRIAN BURKHART, DECEASED V PEOPLE, INC., ELISA SMITH, KATELYNNE
Motion No: 568-15
Slip Opinion No: 2016 NY Slip Op 68128(U)
Decided on March 18, 2016
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.


March 18, 2016

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

MOTION NO. 568-15
DOCKET NO. CA 14-01849

NANCY BURKHART, AS ADMINISTRATOR OF THE ESTATE OF BRIAN

BURKHART, DECEASED, PLAINTIFF-RESPONDENT,

V

PEOPLE, INC., ELISA SMITH, KATELYNNE COLEMAN, AMY

MAZURKIEWICZ, DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.


Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 12, 2015, and having moved for a stay and for other relief,

Now, upon reading and filing the affidavit of Joseph D. Morath, Jr., Esq., sworn to July 22, 2015, the affidavit of Matthew R. Benner, Esq., sworn to July 22, 2016, the notices of motion with proof of service thereof, and the affidavits of Meghan M. Brown, Esq., sworn to July 30, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion insofar as it seeks reargument of or, in the alternative, leave to appeal to the Court of Appeals is denied, and

It is further ORDERED that appellant's motion insofar as it seeks a stay and other relief is denied.

Entered: March 18, 2016

Frances E. Cafarell, Clerk