*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 161

CA 16-00109

PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ. JIMMIE LARKE, III, AND JUSTIN LARKE,

PLAINTIFFS-APPELLANTS,

V MEMORANDUM AND ORDER 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. 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