MOTION NO. 996/08 SIDNEY D. HOLBROOK, V NATIONAL FUEL GAS DISTRIBUTION CORPORATION, NATIONAL FUEL GAS COMPANY
Motion No: CA 07-02215
Slip Opinion No: 2009 NYSlipOp 69761(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.


March 20, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, GREEN AND GORSKI, JJ.

DOCKET NO. CA 07-02215

MOTION NO. 996/08

SIDNEY D. HOLBROOK, PLAINTIFF-RESPONDENT-APPELLANT,

V

NATIONAL FUEL GAS DISTRIBUTION CORPORATION, NATIONAL FUEL

GAS COMPANY, COMPENSATION COMMITTEE OF BOARD OF DIRECTORS

OF NATIONAL FUEL GAS COMPANY, NATIONAL FUEL GAS COMPANY

DEFERRED COMPENSATION PLAN, AND NATIONAL FUEL GAS COMPANY

EXECUTIVE RETIREMENT PLAN,

DEFENDANTS-APPELLANTS-RESPONDENTS.


Plaintiff having moved for reargument of the order of this Court entered December 31, 2008,

Now, upon reading and filing the affidavit of Gerald T. Walsh sworn to February 6, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John G. Schmidt, Jr. sworn to February 19, 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