| JOHN T. SIWULA V TOWN OF HORNELLSVILLE AND RAYMOND KRING, INDIVIDUALLY AND AS SUPERINTENDENT OF HIGHWAYS OF TOWN OF |
| Motion No: CA 07-00382 |
| Slip Opinion No: 2008 NYSlipOp 64955(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. |
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND LUNN, JJ.
DOCKET NO. CA 07-00382
| JOHN T. SIWULA, PLAINTIFF-APPELLANT, V TOWN OF HORNELLSVILLE
AND RAYMOND KRING, INDIVIDUALLY AND AS SUPERINTENDENT OF HIGHWAYS OF TOWN OF HORNELLSVILLE,
DEFENDANTS-RESPONDENTS. |
Appellant having moved to compel the Court to accept for filing his proposed record on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 18, 2006,
Now, upon reading and filing the affidavit of John T. Siwula sworn to January 11, 2008, the notice of motion with proof of service thereof, the opposing affidavit of David A. Shults sworn to January 24, 2008, the opposing affidavit of Patrick F. McAllister sworn to
January 16, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Memorandum: Appellant is directed to perfect the appeal in accordance with the order of Supreme Court entered December 6, 2007 settling the record.
Entered: February 20, 2008
JoAnn M. Wahl, Clerk