Opinion
Motion No: CA 11-00538
02-16-2012
INTER-COMMUNITY MEMORIAL HOSPITAL OF NEWFANE, INCORPORATED AND INTEGRATED CARE SYSTEMS, LLC, DOING BUSINESS AS NEWFANE REHABILITATION & HEALTH CARE CENTER, PLAINTIFFS-RESPONDENTS-APPELLANTS, v. THE HAMILTON WHARTON GROUP, INC., WALTER B. TAYLOR, AS MANAGING DIRECTOR OF NEW YORK HEALTH CARE FACILITIES WORKERS' COMPENSATION TRUST, DEFENDANTS-APPELLANTS-RESPONDENTS, CATHY MADDEN, LINDA VILLANO, PHYLLIS ETTINGER, PATRICIA HUBER, ROSA BARKSDALE, JANE DOE AND JOHN DOE, AS TRUSTEES OF NEW YORK HEALTH CARE FACILITIES WORKERS' COMPENSATION TRUST, DANIEL MUSHKIN, DEFENDANTS-RESPONDENTS, MATTHEWS, BARTLETT & DEDECKER, INC., NOW KNOWN AS M & T INSURANCE AGENCY, INC., ET AL., DEFENDANTS.
PRESENT: , P.J., CENTRA, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.
Defendant Phyllis Ettinger having moved to strike Point IV of plaintiffs' reply brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 20, 2010, and having moved for other relief,
Now, upon reading and filing the affirmation of Peter A. Lauricella, Esq., dated January 20, 2012, the notice of motion with proof of service thereof, the affirmation of Melissa A. Day, Esq,. dated January 26, 2012, and the affidavit of David E. Gutowski, Esq., sworn to February 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew at oral argument.
Frances E. Cafarell, Clerk