STEVEN LASHIER V MICHAEL S. SCHNEIDER
Motion No: CA 07-01075
Slip Opinion No: 2008 NYSlipOp 75228(U)
Decided on June 17, 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 17, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 07-01075

STEVEN LASHIER, PLAINTIFF-RESPONDENT,

V

MICHAEL S. SCHNEIDER, DEFENDANT-APPELLANT.


Appellant having moved for summary relief on the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Orleans on April 10, 2007,

Now, upon reading and filing the affidavit of Michael S. Schneider sworn to May 21, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Steven M. Witkowicz sworn to June 10, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Memorandum: Appellant's remedy is to perfect the appeal.

Entered: June 17, 2008

JoAnn M. Wahl, Clerk