TRAVIS M. BRAUN V CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC VASCULAR, INC., MEDTRONIC USA, INC., MEDTRONIC
Motion No: CA 16-00092
Slip Opinion No: 2016 NY Slip Op 74057(U)
Decided on May 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.


May 18, 2016

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

DOCKET NO. CA 16-00092

TRAVIS M. BRAUN, PLAINTIFF-RESPONDENT,

V

CHRISTOPHER J. CESAREO, MEDTRONIC, INC., MEDTRONIC

VASCULAR, INC., MEDTRONIC USA, INC., MEDTRONIC SOFAMOR

DANEK USA, INC., ARI FLEET LT, DEFENDANTS-APPELLANTS.


Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 22, 2015,Now, upon reading and filing the affirmations Michael G. Cooper, Esq., dated March 21, 2016, and April 14, 2016, the notice of motion with proof of service thereof, and the affirmation of William G. Bauer, Esq., dated April 11, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 NY2d 333, 335-336; Arroyo v New York, 185 AD2d 829).

Entered: May 18, 2016

Frances E. Cafarell, Clerk