| MOTION NO. 985/07 GARY A. CAPASSO AND LINDA HARNED-CAPASSO V KLEEN ALL OF AMERICA, INC. AND COUNTY OF ERIE |
| Motion No: CA 07-00024 |
| Slip Opinion No: 2007 NYSlipOp 87354(U) |
| Decided on December 21, 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: GORSKI, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.
DOCKET NO. CA 07-00024
| MOTION NO. 985/07 GARY A. CAPASSO AND LINDA HARNED-CAPASSO,
PLAINTIFFS-RESPONDENTS, V KLEEN ALL OF AMERICA, INC. AND COUNTY OF ERIE,
DEFENDANTS-APPELLANTS. |
Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered September 28, 2007,
Now, upon reading and filing the affidavit of Michael J. Willett sworn to
October 19, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Alan D. Voos dated October 26, 2007, the reply affidavit of Michael J. Willett sworn to November 1, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: December 21, 2007
JoAnn M. Wahl, Clerk