MOTION NO. 479/07 MARILYN J. CHISHOLM V CHARLES R. DE ROSE AND JUDITH L. DE ROSE
Motion No: CA 06-02525
Slip Opinion No: 2007 NYSlipOp 79828(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: GORSKI, J.P., MARTOCHE, CENTRA, LUNN, AND GREEN, JJ.

DOCKET NO. CA 06-02525

MOTION NO. 479/07
MARILYN J. CHISHOLM, PLAINTIFF-APPELLANT,
V
CHARLES R. DE ROSE AND JUDITH L. DE ROSE,
DEFENDANTS-RESPONDENTS.

Defendants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 8, 2007,

Now, upon reading and filing the affirmation of Joseph DeMarie dated July 10, 2007, the notice of motion with proof of service thereof, the opposing undated affirmation of

Mark W. Swimelar, the supplemental affirmation of Mark W. Swimelar dated August 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