| MOTION NO. 721/08 BENJAMIN L. ANDERSON, A SHAREHOLDER OF LIVONIA, AVON & LAKEVILLE RAILROAD CORPORATION V EUGENE H. |
| Motion No: CA 07-00338 |
| Slip Opinion No: 2008 NYSlipOp 86341(U) |
| Decided on October 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: SCUDDER, P.J., HURLBUTT, SMITH, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 07-00338
| MOTION NO. 721/08 BENJAMIN L. ANDERSON, A SHAREHOLDER OF LIVONIA,
AVON & LAKEVILLE RAILROAD CORPORATION, PLAINTIFF-APPELLANT, V EUGENE H. BLABEY, II, WILLIAM D. BURT, THOMAS C. MCTIGHE,
JR., CHESTER A. HAAK, SERGEANT W. WISE, GEORGE W. SHAW, BRACKETT D. CLARK, CARLTON E. MYERS, E. ROBERT FERRIS, C. ACKER SMITH, FREEMAN
H. SMITH, III, MILES F. SOUTHWORTH, HARMON WINGATE AND MERLE WINGATE, DEFENDANTS-RESPONDENTS. |
Plaintiff having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 6, 2008,
Now, upon reading and filing the affirmation of Bradley C. Rosen dated July 7, 2008, the notice of motion with proof of service thereof, the opposing affirmation of A. Paul Britton dated July 18, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: October 3, 2008
JoAnn M. Wahl, Clerk