PATRICIA FRANKOWSKI AND DONALD FRANKOWSKI V GARDEN VILLAGE PLAZA, INC., GARDEN VILLAGE PLAZA, LP, PROPERTY MANAGEMENT
Motion No: CA 07-02443
Slip Opinion No: 2008 NYSlipOp 64985(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.


February 26, 2008

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

DOCKET NO. CA 07-02443

PATRICIA FRANKOWSKI AND DONALD FRANKOWSKI,

PLAINTIFFS-APPELLANTS,

V

GARDEN VILLAGE PLAZA, INC., GARDEN VILLAGE PLAZA, LP,

PROPERTY MANAGEMENT ASSOCIATES OF WNY, INC.,

DEFENDANTS-APPELLANTS, CUSTOM TOPSOIL, INC., AND RRC, INC., INDIVIDUALLY AND DOING BUSINESS AS VILLAGE FLEA OUTLET, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT.


Defendants-appellants having moved to expedite oral argument of the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie, on August 14, 2007,

Now, upon reading and filing the affidavit of Jonathan S. Hickey sworn to

February 7, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Kyle C. Reeb dated February 13, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: February 26, 2008

JoAnn M. Wahl, Clerk