MOTION NO. 1209/07 ONEIDA INDIAN NATION V THE PIKE COMPANY, INC.
Motion No: CA 06-03054
Slip Opinion No: 2008 NYSlipOp 67637(U)
Decided on March 14, 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.


March 14, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, FAHEY, GREEN, AND PINE, JJ.

DOCKET NO. CA 06-03054

MOTION NO. 1209/07

ONEIDA INDIAN NATION, PLAINTIFF-APPELLANT,

V

THE PIKE COMPANY, INC., DEFENDANT-RESPONDENT.


Plaintiff having moved for leave to appeal to the Court of Appeals from the order of this Court entered December 21, 2007,

Now, upon reading and filing the affidavit of David M. Garber sworn to

February 5, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Mark J. Moretti sworn to February 14, 2008, and due deliberation having been had thereon,

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

Entered: March 14, 2008

JoAnn M. Wahl, Clerk