| CAPITAL HEAT, INC. V MICHAEL R. BLATNER FAMILY TRUST, JOHN R. BLATNER, AND MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY |
| Motion No: CA 08-01821 |
| Slip Opinion No: 2009 NYSlipOp 68375(U) |
| Decided on April 1, 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., FAHEY, PERADOTTO, CARNI, AND GREEN, JJ.
DOCKET NO. CA 08-01821
| CAPITAL HEAT, INC., PLAINTIFF-RESPONDENT, V MICHAEL R. BLATNER
FAMILY TRUST, JOHN R. BLATNER, AND MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. JOHN R.
BLATNER AND MICHAEL R. BLATNER FAMILY TRUST, DEFENDANTS/INTERPLEADING PLAINTIFFS-RESPONDENTS, V DEBORAH A. BLATNER,
INTERPLEADER DEFENDANT-APPELLANT.
——————————————————————&
mdash;———— MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, DEFENDANT/INTERPLEADING
PLAINTIFF-RESPONDENT, V DEBORAH A. BLATNER, INTERPLEADER DEFENDANT-APPELLANT. |
Respondents Michael R. Blatner Family Trust and John R. Blatner having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 1, 2008, on the ground that the appeal is untimely as to them,
Now, upon reading and filing the affirmation of Daniel J. Sperrazza dated February 20, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Thomas E. Wojtan dated March 6, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: April 1, 2009
JoAnn M. Wahl, Clerk