| FIBER INSTRUMENT SALES, INC. V KIMBERLY DIPIERRO DESIREE MARSDEN, JOSE LONGO, AND SCORE FIBER CORP. |
| Motion No: CA 08-01068 |
| Slip Opinion No: 2008 NYSlipOp 72771(U) |
| Decided on May 20, 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 08-01068
| FIBER INSTRUMENT SALES, INC., PLAINTIFF-RESPONDENT, V KIMBERLY
DIPIERRO, DEFENDANT, DESIREE MARSDEN, JOSE LONGO, AND SCORE FIBER CORP., DEFENDANTS-APPELLANTS. |
Appellants having moved, upon the return of an order to show cause granted by the Honorable Robert G. Hurlbutt, to modify a preliminary injunction pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 8, 2008,
Now, upon reading and filing the affirmation of David Bolton dated May 9, 2008, the affidavit of Craig Catalano sworn to May 8, 2008, said show cause order with proof of service thereof, the opposing affirmation of Sharon P. Stiller dated May 12, 2008, the opposing affidavit of Valerie Sitler sworn to May 12, 2008, the opposing affirmation of Murray S. Kirshtein dated May 12, 2008, the reply affirmation of David Bolton dated May 15, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: May 20, 2008
JoAnn M. Wahl, Clerk