| SAM PILATO AND SON, INC., AND SAM PILATO V LEO D. STAROWITZ, SR., STAR GROWERS, STAR GROWERS, INC., LEO D. STAROWITZ |
| Motion No: CA 06-03448 |
| Slip Opinion No: 2008 NYSlipOp 81369(U) |
| Decided on August 21, 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: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 06-03448
| SAM PILATO AND SON, INC., AND SAM PILATO,
PLAINTIFFS-RESPONDENTS, V LEO D. STAROWITZ, SR., STAR GROWERS, STAR GROWERS, INC., LEO D. STAROWITZ, JR., JOHN F. STAROWITZ,
ANDREW J. STAROWITZ AND FRANK STAROWITZ, DEFENDANTS-APPELLANTS. |
Appellant Frank Starowitz having moved, and respondents having cross-moved, to be allowed 30 minutes of oral argument on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on October 25, 2006,
Now, upon reading and filing the affidavit of Frank Starowitz sworn to July 15, 2008, the notice of motion with proof of service thereof, the opposing affirmation of E. Robert Fussell dated July 18, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, denied.
Entered: August 21, 2008
JoAnn M. Wahl, Clerk