MOTION NO. 964/07 CLARENCE F. RIORDAN AND JEANNE A. RIORDAN, INDIVIDUALLY AND AS HUSBAND AND WIFE V ROBERT F. HYLAND &
Motion No: CA 06-03091
Slip Opinion No: 2007 NYSlipOp 87365(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.


December 21, 2007

PRESENT: SCUDDER, P.J., MARTOCHE, LUNN, PERADOTTO, AND GREEN, JJ.

DOCKET NO. CA 06-03091

MOTION NO. 964/07

CLARENCE F. RIORDAN AND JEANNE A. RIORDAN, INDIVIDUALLY AND

AS HUSBAND AND WIFE, PLAINTIFFS-RESPONDENTS,

V

ROBERT F. HYLAND & SONS, INC., ET AL., DEFENDANT,

BOCES OF ROCHESTER, DEFENDANT-APPELLANT.


Appellant 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 affirmation of Gregory Cascino dated October 24, 2007, the notice of motion with proof of service thereof, the opposing affirmation of

Lawrence A. Schultz dated October 29, 2007, the reply affirmation of Gregory Cascino dated 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