| SAM PILATO AND SON, INC., AND SAM PILATO V LEO D. STAROWITZ, SR., STAR GROWERS, STAR GROWERS, INC., LEO D. STAROWITZ |
| Motion No: CA 06-03448 |
| Slip Opinion No: 2007 NYSlipOp 86278(U) |
| Decided on December 10, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 06-03448
| SAM PILATO AND SON, INC., AND SAM PILATO,
PLAINTIFFS-RESPONDENTS, V LEO D. STAROWITZ, SR., STAR GROWERS, STAR GROWERS, INC., LEO D. STAROWITZ, JR., JOHN F.
STAROWITZ, ANDREW J. STAROWITZ AND FRANK STAROWITZ, DEFENDANTS-APPELLANTS. |
Appellants having renewed the motion to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on October 25, 2006,
Now, upon reading and filing the affidavit of Frank Starowitz sworn to
November 9, 2007, the notice of motion with proof of service thereof, the opposing affirmation of E. Robert Fussell dated November 30, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: Appellants have failed to set forth facts demonstrating merit to the appeal (see 22 NYCRR 1000.13 [g]).
Entered: December 10, 2007
JoAnn M. Wahl, Clerk