Hotaling v Excellus Health Plan, Inc. (2009 NY Slip Op 02108)

Hotaling v Excellus Health Plan, Inc.

2009 NY Slip Op 02108 [60 AD3d 1369]

March 20, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2009

Michael Hotaling et al., Respondents, v Excellus Health Plan, Inc., Appellant.

—[*1] Iseman, Cunningham, Riester & Hyde, LLP, Albany (Robert H. Iseman of counsel) and Bond Schoeneck & King, PLLC, Fairport, for defendant-appellant.

Mackenzie Hughes LLP, Syracuse (Carter H. Strickland of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered April 2, 2008 in a breach of contract action. The order denied the motion of defendant to disqualify counsel for plaintiffs.

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