| JOHN M. SUMMERS V THE CITY OF ROCHESTER, THE MAYOR OF THE CITY OF ROCHESTER, AND EXPORT FINANCE INSURANCE CORPORATION |
| Motion No: CA 08-01032 |
| Slip Opinion No: 2008 NYSlipOp 72787(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 LUNN, JJ.
DOCKET NO. CA 08-01032
| JOHN M. SUMMERS, PLAINTIFF-APPELLANT, V THE CITY OF ROCHESTER,
THE MAYOR OF THE CITY OF ROCHESTER, AND EXPORT FINANCE INSURANCE CORPORATION,
DEFENDANTS-RESPONDENTS. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Robert J. Lunn on May 16, 2008, for 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 Monroe on February 11, 2008,
Now, upon reading and filing the affidavit of Philip G. Spellane sworn to May 2, 2008,
said show cause order with proof of service thereof, the opposing affirmation of Thomas S. Richards dated May 13, 2008, the reply affidavit of Philip G. Spellane sworn to May 15, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see Schulz v State of New York, 217 AD2d 393, 397 [1995]).
Entered: May 20, 2008
JoAnn M. Wahl, Clerk