| RUDOLPH V. HEROD AND ARLENE HEROD V MICHAEL C. MELE AND COUNTY OF ORLEANS, - . |
| Motion No: CA 08-02502 |
| Slip Opinion No: 2009 NYSlipOp 65626(U) |
| Decided on March 3, 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., MARTOCHE, FAHEY, PERADOTTO AND GREEN, JJ.
DOCKET NO. CA 08-02502
| RUDOLPH V. HEROD AND ARLENE HEROD, PLAINTIFFS-RESPONDENTS,
V MICHAEL C. MELE AND COUNTY OF ORLEANS, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Respondents having moved to reschedule oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on September 10, 2008,
Now, upon reading and filing the affirmation of Richard G. Berger dated February 9, 2009, 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, granted, and the appeal is hereby removed from the April 9, 2009 day calendar of this Court and added to the April 1, 2009 day calendar, at 9:30 a.m.
Entered: March 3, 2009
JoAnn M. Wahl, Clerk