| MOTION NO. 338/08 LINDA SMALLEY V MATTHEW J. BEMBEN |
| Motion No: CA 07-01895 |
| Slip Opinion No: 2008 NYSlipOp 77908(U) |
| Decided on July 3, 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: MARTOCHE, J.P., LUNN, FAHEY, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 07-01895
| MOTION NO. 338/08 LINDA SMALLEY, PLAINTIFF-RESPONDENT,
V MATTHEW J. BEMBEN, DEFENDANT-APPELLANT. |
Plaintiff having moved for leave to appeal to the Court of Appeals from the order of this Court entered April 25, 2008,
Now, upon reading and filing the affirmation of Michael G. Dwyer dated May 28, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Laurence D. Behr dated June 4, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: July 3, 2008
JoAnn M. Wahl, Clerk