| MOTION NO. 1173/08 SCOTT MULLER AND CYNTHIA MULLER, AS PARENTS AND NATURAL GUARDIANS OF AUDREY MULLER, AN INFANT OVER |
| Motion No: CA 07-02604 |
| Slip Opinion No: 2008 NYSlipOp 93490(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: MARTOCHE, J.P., LUNN, FAHEY, AND PINE, JJ.
DOCKET NO. CA 07-02604
| MOTION NO. 1173/08 SCOTT MULLER AND CYNTHIA MULLER, AS PARENTS AND
NATURAL GUARDIANS OF AUDREY MULLER, AN INFANT OVER THE AGE OF 15 YEARS, AND SCOTT MULLER AND CYNTHIA MULLER, INDIVIDUALLY,
PLAINTIFFS-RESPONDENTS, V SPENCERPORT CENTRAL SCHOOL DISTRICT, DEFENDANT-APPELLANT. SPENCERPORT CENTRAL SCHOOL
DISTRICT, THIRD-PARTY PLAINTIFF-APPELLANT, V CATHERINE BOGGS, THIRD-PARTY
DEFENDANT-RESPONDENT. |
Defendant having moved for 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 Aimee LaFever Koch sworn to October 21, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Irving Pheterson sworn to October 30, 2008, the opposing affidavit of Keith D. Miller sworn to October 27, 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