MOTION NO. 155/09 JACK A. CARDINELL V CHERUNDOLO, BOTTAR & LEONE, P.C., AND EDWARD S. LEONE
Motion No: CA 08-01631
Slip Opinion No: 2009 NY Slip Op 71729(U)
Decided on April 24, 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.


April 24, 2009

PRESENT: SCUDDER, P.J., MARTOCHE, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 08-01631

MOTION NO. 155/09

JACK A. CARDINELL, PLAINTIFF-APPELLANT,

V

CHERUNDOLO, BOTTAR & LEONE, P.C., AND

EDWARD S. LEONE, DEFENDANTS-RESPONDENTS.


Plaintiff having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 6, 2009,

Now, upon reading and filing the affidavit of Jack A. Cardinell sworn to March 6, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Scott W. Bush sworn to April 2, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: April 24, 2009

Patricia L. Morgan, Deputy Clerk