Larke v. Moore

Full title: JIMMIE LARKE, III, AND JUSTIN LARKE, PLAINTIFFS-APPELLANTS, v. TINA MCCARY…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: May 5, 2017

2017 N.Y. Slip Op. 3631 (N.Y. App. Div. 2017)

Opinion

161 CA 16-00109

05-05-2017

JIMMIE LARKE, III, AND JUSTIN LARKE, PLAINTIFFS-APPELLANTS, v. TINA MCCARY MOORE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MELVIN E. MOORE, DECEASED, ING RELIASTAR LIFE INSURANCE COMPANY, AND ING U.S. INC., ALSO KNOWN AS VOGA FINANCIAL, INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

JOY A. KENDRICK, BUFFALO, FOR PLAINTIFFS-APPELLANTS. LITCHFIELD CAVO, LLP, NEW YORK CITY (MICHAEL K. DVORKIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ING RELIASTAR LIFE INSURANCE COMPANY, AND ING U.S. INC., ALSO KNOWN AS VOGA FINANCIAL, INC.

SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

PRESENT:

JOY A. KENDRICK, BUFFALO, FOR PLAINTIFFS-APPELLANTS.

LITCHFIELD CAVO, LLP, NEW YORK CITY (MICHAEL K. DVORKIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS ING RELIASTAR LIFE INSURANCE COMPANY, AND ING U.S. INC., ALSO KNOWN AS VOGA FINANCIAL, INC.

Appeal from an amended order of the Supreme Court, Erie County (Shirley Troutman, J.), entered December 16, 2015. The amended order denied plaintiffs' motion for leave to renew and/or reargue.

It is hereby ORDERED that said appeal from the amended order insofar as it denied leave to reargue is unanimously dismissed and the amended order is affirmed without costs.

Same memorandum as in Larke v Moore ([appeal No. 1] ___ AD3d ___ [May 5, 2017]).

Entered: May 5, 2017

Frances E. Cafarell

Clerk of the Court