| DONNA LEE SCHMITZ, AS EXECUTOR OF THE GOODS, CHATTELS AND CREDITS OF ROBERT J. SCHMITZ, DECEASED V CALDWELL & COOK |
| Motion No: CA 09-00355 |
| Slip Opinion No: 2009 NYSlipOp 68388(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., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00355
| DONNA LEE SCHMITZ, AS EXECUTOR OF THE GOODS, CHATTELS AND CREDITS
OF ROBERT J. SCHMITZ, DECEASED, PLAINTIFF-RESPONDENT, V CALDWELL & COOK, INC., DEFENDANT-RESPONDENT, BEAM MACK SALES &
SERVICE, INC., DEFENDANT-APPELLANT, ET AL. DEFENDANTS. CALDWELL & COOK, INC., ET AL., DEFENDANTS AND THIRD-PARTY
PLAINTIFFS, V MATTHEWS AND FIELDS OF HENRIETTA, INC., THIRD-PARTY DEFENDANT-RESPONDENT. |
Appellant having moved to expedite oral argument of the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 20, 2008, or in the alternative for other relief,
Now, upon reading and filing the affidavit of Donald A. W. Smith sworn to February 23, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Thomas P. Kawalec dated March 3, 2009, the opposing affidavit of Ransom P. Reynolds, Jr. sworn to March 3, 2009, the opposing affidavit of Melissa A. Foti sworn to March 13, 2009, the opposing affidavit of E. Michael Cook sworn to March 13, 2009, the reply affirmation of Donald A.W. Smith dated March 10, 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
Patricia L. Morgan, Deputy Clerk