HBE CORPORATION AND CORNERSTONE COMMUNITY FEDERAL CREDIT UNION V SIRIUS AMERICA INSURANCE COMPANY
Motion No: CA 08-01227
Slip Opinion No: 2009 NYSlipOp 60806(U)
Decided on January 14, 2009
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.


January 14, 2009

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-01227

HBE CORPORATION AND CORNERSTONE COMMUNITY FEDERAL CREDIT

UNION, PLAINTIFFS-RESPONDENTS,

V

SIRIUS AMERICA INSURANCE COMPANY, DEFENDANT-APPELLANT.


Thomas Johnson, Inc. having moved for permission to file and serve a brief amicus curiae on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on February 13, 2008,

Now, upon reading and filing the affidavit of Michael J. Willett sworn to December 4, 2008, the affidavit of Paul Johnson sworn to November 2008 [sic], 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.

Entered: January 14, 2009

JoAnn M. Wahl, Clerk