TIMOTHY C. RICHMOND V WILLIAM G. ORTON (APPEAL NO. 2.)
Motion No: CA 08-01224 AND CA 08-01847
Slip Opinion No: 2008 NYSlipOp 91619(U)
Decided on December 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.


December 3, 2008

PRESENT: HURLBUTT, J.P., MARTOCHE, LUNN, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-01224 AND CA 08-01847

TIMOTHY C. RICHMOND, PLAINTIFF-RESPONDENT,

V

WILLIAM G. ORTON, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)



JESSICA DUNBAR, PLAINTIFF-RESPONDENT,

V

WILLIAM G. ORTON, DEFENDANT-APPELLANT.

(APPEAL NO. 3.)


Respondent Timothy C. Richmond having moved to dismiss the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Oswego on September 7, 2007, on the ground that no issues remain for appeal,

Now, upon reading and filing the affidavit of Michael G. Bersani sworn to November 6, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Norman E.S. Greene sworn to November 12, 2008, the reply affidavit of Michael G. Bersani sworn to November 18, 2008, the surreply affidavit of Norman E.S. Greene sworn to November 20, 2008, and due deliberation having been had thereon,

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

Entered: December 3, 2008

JoAnn M. Wahl, Clerk