Nenno v Blue Cross & Blue Shield of W. N.Y.
2007 NY Slip Op 07230 [43 AD3d 1417]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Beverly Nenno, as Executrix of W. David Nenno, Deceased, et al., Appellants, v Blue Cross & Blue Shield of Western New York, Respondent, et al., Defendant.

—[*1] John Feroleto-Attorneys at Law, Buffalo (David W. Polak of counsel), for plaintiffs-appellants.

Webster Szanyi LLP, Buffalo (Michael P. McClaren of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered May 31, 2006. The order, insofar as appealed from, denied plaintiffs' motion for leave to amend the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Pine, JJ.