*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 680

CA 14-01764

PRESENT: SMITH, J.P., CENTRA, PERADOTTO, SCONIERS, AND WHALEN, JJ. CANANDAIGUA EMERGENCY SQUAD, INC., PENFIELD

VOLUNTEER EMERGENCY AMBULANCE SERVICE, INC.,

NORTHEAST QUADRANT ADVANCED LIFE SUPPORT, INC.,

CHILI VOLUNTEER AMBULANCE SERVICE, INC., AND

VILLAGE OF MACEDON, PLAINTIFFS-APPELLANTS,

V MEMORANDUM AND ORDER ROCHESTER AREA HEALTH MAINTENANCE ORGANIZATION,

INC., DOING BUSINESS AS PREFERRED CARE,

DEFENDANT-RESPONDENT.

(APPEAL NO. 2.) PINSKY LAW GROUP, PLLC, SYRACUSE (BRADLEY M. PINSKY OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

LECLAIR KORONA GIORDANO COLE LLP, ROCHESTER (JEREMY M. SHER OF COUNSEL), FOR DEFENDANT-RESPONDENT. Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered May 27, 2014. The order, among other things, granted defendant’s motion for leave to reargue and, upon reargument, adhered to its decision denying that part of plaintiffs’ cross motion seeking to preclude certain evidence.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Canandaigua Emergency Squad, Inc. v Rochester Area Health Maintenance Org., Inc . ([appeal No. 1] ___ AD3d ___ [July 10, 2015]).

Entered: July 10, 2015 Frances E. Cafarell

Clerk of the Court