MOTION NO. 1490/08 LOUIS E. THYROFF AND VALERIE P. THYROFF V NATIONWIDE MUTUAL INSURANCE COMPANY, SHARON EASTMAN, RANDY
Motion No: CA 08-00487
Slip Opinion No: 2009 NYSlipOp 69769(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, PERADOTTO, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-00487

MOTION NO. 1490/08

LOUIS E. THYROFF AND VALERIE P. THYROFF,

PLAINTIFFS-RESPONDENTS,

V

NATIONWIDE MUTUAL INSURANCE COMPANY, SHARON EASTMAN,

RANDY FERRARO AND DUANE WELDON, DEFENDANTS-APPELLANTS.


Plaintiffs 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 affidavit of William P. Tedards, Jr. sworn to February 9, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Ben M. Krowicki sworn to February 19, 2009, the reply affidavit of William P. Tedards, Jr., sworn to February 20, 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