Roseanne Slaybaugh et v Larry R. Gruet.

Motion No: 503180

Slip Opinion No: 2008 NYSlipOp 70019(U)

Decided on April 11, 2008

Appellate Division, Third 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.

Decided and Entered: April 11, 2008

Case # 503180

ROSEANNE SLAYBAUGH et al., Appellants, v LARRY R. GRUET, Respondent.

DECISION AND ORDER ON MOTION

Motion to vacate order.

Cross motion for attorneys' fees and costs.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion to vacate the order is denied, without costs, on the ground that appellant has failed to set forth sufficient merit to the appeal (see CPLR 5015; Busone v Bellevue Maternity Hosp., 266 AD2d 665 [1999]). It is further

ORDERED that the cross motion is denied, without costs.
CARDONA, P.J., CARPINELLO, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court