| MOTION NO. 1120/08 SAM PILATO AND SON, INC. AND SAM PILATO V LEO D. STAROWITZ, SR. , AND FRANK STAROWITZ |
| Motion No: CA 06-03448 |
| Slip Opinion No: 2009 NYSlipOp 63455(U) |
| Decided on February 6, 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, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 06-03448
| MOTION NO. 1120/08 SAM PILATO AND SON, INC. AND SAM PILATO,
PLAINTIFFS-RESPONDENTS, V LEO D. STAROWITZ, SR., ET AL., DEFENDANTS, AND FRANK STAROWITZ,
DEFENDANT-APPELLANT. |
Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered October 10, 2008,
Now, upon reading and filing the undated statement of Frank Starowitz, the notice of motion with proof of service thereof, the opposing affirmation of E. Robert Fussell dated December 13, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: February 6, 2009
JoAnn M. Wahl, Clerk