Burkhart v. People, Inc.

Full title: NANCY BURKHART, AS ADMINISTRATOR OF THE ESTATE OF BRIAN BURKHART…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Mar 18, 2016

2016 N.Y. Slip Op. 68128 (N.Y. App. Div. 2016)

Opinion

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

03-18-2016

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.

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

PRESENT:

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