MOTION NO. 553/08 JOHN J. WHALEN AND KELLY WHALEN V EXXONMOBIL OIL CORPORATION AND W.I.P.P. ENTERPRISES, INC.

MOTION NO. 553/08 JOHN J. WHALEN AND KELLY WHALEN V EXXONMOBIL OIL CORPORATION AND W.I.P.P. ENTERPRISES, INC.

Motion No: CA 07-02533

Slip Opinion No: 2008 NYSlipOp 78006(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.

July 3, 2008

PRESENT: MARTOCHE, J.P., CENTRA, LUNN, PERADOTTO, AND GREEN, JJ.

DOCKET NO. CA 07-02533

MOTION NO. 553/08
JOHN J. WHALEN AND KELLY WHALEN, PLAINTIFFS-RESPONDENTS,
V
EXXONMOBIL OIL CORPORATION AND W.I.P.P. ENTERPRISES, INC.,
DEFENDANTS-APPELLANTS.

Appellants 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 affidavit of Neil R. Sherwood sworn to May 16, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to May 22, 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