| NANCE CONRAD AND DAVID CONRAD, INDIVIDUALLY AND AS HUSBAND AND WIFE, V KIPPHUT & NEUMANN COMPANY, INC., . |
| Motion No: CA 08-00117 |
| Slip Opinion No: 2008 NYSlipOp 64981(U) |
| Decided on February 26, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00117
| NANCE CONRAD AND DAVID CONRAD, INDIVIDUALLY AND AS HUSBAND AND
WIFE, PLAINTIFFS-RESPONDENTS-APPELLANTS, V KIPPHUT & NEUMANN COMPANY, INC.,
DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiffs having moved to reschedule oral argument of the appeal and cross appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 11, 2007,
Now, upon reading and filing the affirmation of Lawrence A. Schulz dated
February 11, 2008, the affidavit of Robert J. Maranto, Jr. sworn to February 12, 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, granted and the appeal is hereby removed from the calendar for the term of this Court commencing May 12, 2008 and added to the calendar for the term commencing September 8, 2008.
Entered: February 26, 2008
JoAnn M. Wahl, Clerk