| LEONARD C. SPANO, ELEANOR M. SPANO, AND DAVID SPANO V DAVID KLINE OWNER OF D.K. FORESTRY ANTHONY NARDOZZI AND BARBARA |
| Motion No: CA 08-01111 AND CA 08-02373 |
| Slip Opinion No: 2008 NYSlipOp 91632(U) |
| Decided on December 4, 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, SMITH AND CENTRA, JJ.
DOCKET NO. CA 08-01111 AND CA 08-02373
| LEONARD C. SPANO, ELEANOR M. SPANO, AND DAVID SPANO,
PLAINTIFFS-APPELLANTS, V DAVID KLINE OWNER OF D.K. FORESTRY, DEFENDANT, ANTHONY NARDOZZI AND BARBARA NARDOZZI,
DEFENDANTS-RESPONDENTS. |
Appellant having moved to settle the record on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on March 6, 2008,
Now, upon reading and filing the affidavit of Leonard C. Spano sworn to November 10, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied (see 22 NYCRR 1000.4 [a] [1] [ii]).
Entered: December 4, 2008
JoAnn M. Wahl, Clerk