RAYMOND S. SWAN, JR. AND DORIS J. SWAN V ANDREW J. INGERSOLL CRICKET COMMUNICATIONS, INC., LEAP WIRELESS AND PBS
Motion No: CA 08-01105
Slip Opinion No: 2008 NYSlipOp 78598(U)
Decided on July 23, 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 23, 2008

PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-01105

RAYMOND S. SWAN, JR. AND DORIS J. SWAN,

PLAINTIFFS-RESPONDENTS,

V

ANDREW J. INGERSOLL, ET AL., DEFENDANTS

CRICKET COMMUNICATIONS, INC., LEAP WIRELESS AND PBS

CONSULTANTS CORP., DEFENDANTS-APPELLANTS.


Appellants having moved to expedite oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie, on March 20, 2008, or in the alternative for other relief,

Now, upon reading and filing the affirmation of John Wallace dated June 3, 2008, the affirmation of V. Christopher Potenza dated June 12, 2008, the notices of motion with proof of service thereof, the opposing affidavit of Jennifer R. Scharf sworn to June 18, 2008, and due deliberation having been had thereon,

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

Entered: July 23, 2008

JoAnn M. Wahl, Clerk