| DAY WHOLESALE, INC., AND SCOTT B. MAYBEE V STATE OF NEW YORK, ELIOT SPITZER, ATTORNEY GENERAL OF THE STATE OF NEW YORK |
| Motion No: CA 08-00352 |
| Slip Opinion No: 2008 NYSlipOp 66163(U) |
| Decided on March 10, 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., SMITH, FAHEY, GREEN, AND PINE, JJ.
DOCKET NO. CA 08-00352
| DAY WHOLESALE, INC., AND SCOTT B. MAYBEE,
PLAINTIFFS-RESPONDENTS, V STATE OF NEW YORK, ELIOT SPITZER, ATTORNEY GENERAL OF THE STATE OF NEW YORK, AND DAVID WEINSTEIN,
AN ASSISTANT ATTORNEY GENERAL, DEFENDANTS-APPELLANTS. |
Appellants 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 December 6, 2007 and consolidate that appeal with their appeal from an order of the same Court entered
February 20, 2007 (Docket No. CA 07-02540), and respondents having cross-moved to dismiss the appeal from the order entered December 6, 2007 as moot, and for other relief,
Now, upon reading and filing the affidavit of Andrew D. Bing sworn to
February 19, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Margaret A. Murphy dated February 27, 2008, the notice of cross 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, appellants shall perfect the appeal on or before March 25, 2008 and the appeal is added to the
April 10, 2008 day calendar of this Court, and
It is further ORDERED that the cross motion be and the same hereby is denied.
Entered: March 10, 2008
JoAnn M. Wahl, Clerk