MOTION NO. 396/08 JAMES J. FRANK V FORTUNA ENERGY, INC., RICHARD UHL, DAVID L. MANNING, ALLEN P. UHL, AND CLARA E.

MOTION NO. 396/08 JAMES J. FRANK V FORTUNA ENERGY, INC., RICHARD UHL, DAVID L. MANNING, ALLEN P. UHL, AND CLARA E.

Motion No: CA 07-01805

Slip Opinion No: 2008 NYSlipOp 75151(U)

Decided on June 6, 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.

June 6, 2008

PRESENT: SCUDDER, P.J., CENTRA, LUNN, FAHEY, AND GREEN, JJ.

DOCKET NO. CA 07-01805

MOTION NO. 396/08
JAMES J. FRANK, PLAINTIFF-APPELLANT,
V
FORTUNA ENERGY, INC., RICHARD UHL, DAVID L. MANNING,
ALLEN P. UHL, AND CLARA E. FERO, HEIRS AND DISTRIBUTEES OF
JOSEPH E. UHL AND FLORENCE P. UHL, DEFENDANTS-RESPONDENTS.

Plaintiff having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered March 14, 2008,

Now, upon reading and filing the affidavit of Christopher Denton sworn to April 16, 2008, the notice of 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, denied.

Entered: June 6, 2008

JoAnn M. Wahl, Clerk