| MOTION NO. 1193/08 MICHAEL J. SIRFACE V COUNTY OF ERIE |
| Motion No: NO CA 07-02414 |
| Slip Opinion No: 2008 NYSlipOp 93487(U) |
| Decided on December 31, 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., MARTOCHE, FAHEY, PERADOTTO, AND GORSKI, JJ.
DOCKET NO CA 07-02414
| MOTION NO. 1193/08 MICHAEL J. SIRFACE, PLAINTIFF-RESPONDENT,
V COUNTY OF ERIE, DEFENDANT-APPELLANT. |
Defendant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 3, 2008,
Now, upon reading and filing the affidavit of Joseph F. Reina sworn to November 3, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Frederick G. Attea, Jr. sworn to November 12, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: December 31, 2008
JoAnn M. Wahl, Clerk