MOTION NO. 1618/08 PATRICIA KNIERY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL KNIERY, DECEASED V
Motion No: CA 08-01388
Slip Opinion No: 2009 NY Slip Op 71736(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, SMITH, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 08-01388

MOTION NO. 1618/08

PATRICIA KNIERY, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE

ESTATE OF MICHAEL KNIERY, DECEASED, PLAINTIFF-RESPONDENT,

V

COTTRELL, INC., DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.


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

Now, upon reading and filing the affirmation of John P. Feroleto dated March 11, 2009, the notice of motion with proof of service thereof, the opposing affirmation of John J. Jablonski dated March 19, 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