MOTION NO. 535/07 SHARON A. BRENT AND ARLENE G. SCHWAB, AS ADMINISTRATORS OF THE ESTATE OF DAVID FRANCIS SCHWAB

MOTION NO. 535/07 SHARON A. BRENT AND ARLENE G. SCHWAB, AS ADMINISTRATORS OF THE ESTATE OF DAVID FRANCIS SCHWAB

Motion No: CA 06-03444

Slip Opinion No: 2007 NYSlipOp 79827(U)

Decided on September 28, 2007

Appellate Division, Fourth Department, Motion Decision

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

This motion is uncorrected and is not subject to publication in the Official Reports.

September 28, 2007

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

DOCKET NO. CA 06-03444

MOTION NO. 535/07
SHARON A. BRENT AND ARLENE G. SCHWAB, AS ADMINISTRATORS OF
THE ESTATE OF DAVID FRANCIS SCHWAB, DECEASED,
PLAINTIFFS-RESPONDENTS,
V
DOUGLAS H. EISELE, CHARLES HARSHBARGER, FALLS ROAD RAILROAD
CO., INC., DEPEW, LANCASTER & WESTERN RAILROAD CO., INC.
AND GENESEE VALLEY TRANSPORTATION CO., INC.,
DEFENDANTS-APPELLANTS.

Defendants having moved for leave to appeal to the Court of Appeals from the order of this Court entered April 20, 2007,

Now, upon reading and filing the affirmation of Susan C. Roney dated May 24, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Jon Louis Wilson sworn to June 15, 2007, the reply affirmation of Susan C. Roney dated June 22, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: September 28, 2007

JoAnn M. Wahl, Clerk