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Hotaling v. Excellus Health Plan

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


March 20, 2009

MICHAEL HOTALING AND RICHARD H. SYKES, PLAINTIFFS-RESPONDENTS,
v.
EXCELLUS HEALTH PLAN, INC., DEFENDANT-APPELLANT.

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.

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, GREEN, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.

20090320

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