JANE L. MARGOLIS AND JEROME E. MARGOLIS V VOLKSWAGEN OF AMERICA, INC. , RAYMOND CASE AND RAY CASE FLOORS, INC.
Motion No: CA 08-02012
Slip Opinion No: 2009 NYSlipOp 64777(U)
Decided on February 20, 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.


February 20, 2009

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY AND PINE, JJ.

DOCKET NO. CA 08-02012

JANE L. MARGOLIS AND JEROME E. MARGOLIS,

PLAINTIFFS-RESPONDENTS,

V

VOLKSWAGEN OF AMERICA, INC., ET AL., DEFENDANTS,

RAYMOND CASE AND RAY CASE FLOORS, INC.,

DEFENDANTS-APPELLANTS.


Respondents having moved, upon the return of an order to show cause granted by the Honorable Elizabeth W. Pine on February 9, 2009, to reschedule oral argument of the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 4, 2007,

Now, upon reading and filing the affirmation of Mark J. Valerio dated February 6, 2009, said show cause order 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, granted and the appeal is hereby removed from the February 24, 2009 day calendar of this Court.

Entered: February 20, 2009

JoAnn M. Wahl, Clerk