MOTION NO. 211.1/08 IN THE MATTER OF JIM LUDTKA SPORTING GOODS, INC. V CITY OF BUFFALO SCHOOL DISTRICT AND DR. JAMES A.
Motion No: CA 07-01327
Slip Opinion No: 2008 NYSlipOp 75154(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: HURLBUTT, J.P., SMITH, FAHEY, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 07-01327

MOTION NO. 211.1/08

IN THE MATTER OF JIM LUDTKA SPORTING GOODS, INC.,

PETITIONER-RESPONDENT,

V

CITY OF BUFFALO SCHOOL DISTRICT AND DR. JAMES A. WILLIAMS,

IN HIS CAPACITY AS SUPERINTENDENT OF SCHOOLS FOR CITY OF

BUFFALO SCHOOL DISTRICT, RESPONDENTS-APPELLANTS.


Petitioner having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 1, 2008,

Now, upon reading and filing the affirmation of Andrew P. Fleming dated February 26, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Denise M. Malican dated March 6, 2008, 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