MOTION NOS. 781/08 AND 786/08 MICHAEL ORLIKOWSKI AND JENNIFER ORLIKOWSKI, V CORNERSTONE COMMUNITY FEDERAL CREDIT UNION
Motion No: NOS. CA 07-01883 AND CA 07-01893
Slip Opinion No: 2008 NYSlipOp 90340(U)
Decided on November 14, 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.


November 14, 2008

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

DOCKET NOS. CA 07-01883 AND CA 07-01893

MOTION NOS. 781/08 AND 786/08

MICHAEL ORLIKOWSKI AND JENNIFER ORLIKOWSKI,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

CORNERSTONE COMMUNITY FEDERAL CREDIT UNION AND HBE

CORPORATION, DEFENDANTS-APPELLANTS-RESPONDENTS.

(APPEAL NO. 1.)



MICHAEL ORLIKOWSKI, ET AL., PLAINTIFFS,

V

CORNERSTONE COMMUNITY FEDERAL CREDIT UNION, ET AL., DEFENDANTS.

—————————————————————— ————- CORNERSTONE COMMUNITY FEDERAL CREDIT UNION AND HBE CORPORATION, THIRD-PARTY PLAINTIFFS-RESPONDENTS,

V

THOMAS JOHNSON, INC., THIRD-PARTY DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Defendants having moved for leave to appeal to the Court of Appeals from the orders of this Court entered October 3, 2008, and plaintiffs having cross-moved to increase the amount of the undertaking posted by defendants,

Now, upon reading and filing the affidavit of Gerald T. Walsh sworn to October 10, 2008, the notice of motion with proof of service thereof, the opposing affidavits of Patrick J. Brown sworn to October 15, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of Gerald T. Walsh sworn to October 23, 2008, 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: November 14, 2008

JoAnn M. Wahl, Clerk