PAUL HAUSBECK AND FRANCES HAUSBECK V EAST AURORA MEDICAL BUILDING, L.P. EAST AURORA MEDICAL BUILDING, L.P., - V ED
Motion No: CA 08-00076
Slip Opinion No: 2008 NYSlipOp 64947(U)
Decided on February 20, 2008
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.


February 20, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-00076

PAUL HAUSBECK AND FRANCES HAUSBECK, PLAINTIFFS-RESPONDENTS,

V

EAST AURORA MEDICAL BUILDING, L.P., DEFENDANT-APPELLANT,

EAST AURORA MEDICAL BUILDING, L.P., THIRD-PARTY

PLAINTIFF-RESPONDENT,

V

ED DODGE, DOING BUSINESS AS ED DODGE PAINTING COMPANY,

THIRD-PARTY DEFENDANT-APPELLANT.


Third-party defendant-appellant having moved to expedite oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 19, 2007,

Now, upon reading and filing the affirmation of Randy C. Mallaber dated

January 25, 2008, 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: February 20, 2008

JoAnn M. Wahl, Clerk