| IN THE MATTER OF JOHN D. JUSTICE V TERRY KING |
| Motion No: CA 08-01248 |
| Slip Opinion No: 2009 NYSlipOp 62264(U) |
| Decided on January 28, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN AND GORSKI, JJ.
DOCKET NO. CA 08-01248
| IN THE MATTER OF JOHN D. JUSTICE, PETITIONER-RESPONDENT, V TERRY
KING, RESPONDENT-APPELLANT. |
Respondent having moved for an order to produce him for oral argument of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 15, 2008, and such other relief,
Now, upon reading and filing the affidavit of John D. Justice sworn to January 6, 2009, the notice of motion with proof of service thereof, the opposing affidavit of James D. Donathen sworn to January 22, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: January 28, 2009
JoAnn M. Wahl, Clerk