| PAUL RUDAT V MARK COLF EXCAVATING CONTRACTING, INC., JAMES ROSE AND MARYANN ROSE |
| Motion No: CA 08-02053 |
| Slip Opinion No: 2009 NY Slip Op 75466(U) |
| Decided on June 16, 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, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02053
| PAUL RUDAT, PLAINTIFF-APPELLANT, V MARK COLF EXCAVATING
CONTRACTING, INC., JAMES ROSE AND MARYANN ROSE, DEFENDANTS-RESPONDENTS. |
Appellant having moved to reschedule oral argument of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on September 11, 2008,
Now, upon reading and filing the affirmation of Richard P. Amico dated May 11, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Matthew E. Whritenour sworn to May 18, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: June 16, 2009
Patricia L. Morgan, Clerk