| MOTION NO. 1491/08 MATTHEW D. ELLIS AND ZAN P. ELLIS V CRAIG ALAN EMERSON AND POSTLEWAIT LOGGING COMPANY |
| Motion No: CA 08-01299 |
| Slip Opinion No: 2009 NYSlipOp 69759(U) |
| Decided on March 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 08-01299
| MOTION NO. 1491/08 MATTHEW D. ELLIS AND ZAN P. ELLIS,
PLAINTIFFS-RESPONDENTS, V CRAIG ALAN EMERSON AND POSTLEWAIT LOGGING COMPANY,
DEFENDANTS-APPELLANTS. |
Defendants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 31, 2008,
Now, upon reading and filing the affirmation of Shawn P. Martin dated January 26, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Craig Z. Small sworn to February 5, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: March 20, 2009
JoAnn M. Wahl, Clerk