JOHN W. STAATS V WEGMANS FOOD MARKETS, INC.
Motion No: CA 06-03376
Slip Opinion No: 2007 NYSlipOp 87000(U)
Decided on December 19, 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.


December 19, 2007

PRESENT: SCUDDER, P.J., GORSKI, MARTOCHE, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 06-03376

JOHN W. STAATS, PLAINTIFF,

V

WEGMANS FOOD MARKETS, INC., DEFENDANT.



WEGMANS FOOD MARKETS, INC., THIRD-PARTY

PLAINTIFF-RESPONDENT,

V

SOLVAY IRON WORKS, INC., THIRD-PARTY DEFENDANT,

AND ROCHESTER RIGGING & ERECTORS, INC., THIRD-PARTY

DEFENDANT-APPELLANT.


Appellant having moved to reschedule oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on

October 9, 2006,

Now, upon reading and filing the affirmation of Michael F. Chelus dated

November 30, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

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

Entered: December 19, 2007

JoAnn M. Wahl, Clerk