MOTION NO. 436/09 LEONARD M. ENGLERT AND YVONNE ENGLERT V GERALD W. SCHAFFER, JR., ESQ., STEVEN BARNES, ESQ.

MOTION NO. 436/09 LEONARD M. ENGLERT AND YVONNE ENGLERT V GERALD W. SCHAFFER, JR., ESQ., STEVEN BARNES, ESQ.

Motion No: CA 08-02193

Slip Opinion No: 2009 NY Slip Op 77464(U)

Decided on July 2, 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.

July 2, 2009

PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, PERADOTTO, AND GORSKI, JJ.

DOCKET NO. CA 08-02193

MOTION NO. 436/09
LEONARD M. ENGLERT AND YVONNE ENGLERT,
PLAINTIFFS-RESPONDENTS,
V
GERALD W. SCHAFFER, JR., ESQ., STEVEN BARNES, ESQ.,
INDIVIDUALLY AND DOING BUSINESS AS THE BARNES FIRM, AS
SUCCESSORS IN INTEREST TO CELLINO & BARNES, AND ROSS
CELLINO, INDIVIDUALLY AND AS A PARTNER IN THE LAW FIRM OF
CELLINO & BARNES, DEFENDANTS-APPELLANTS.

Defendants having moved for reargument of the order of this Court entered April 24, 2009,

Now, upon reading and filing the affirmation of Mark R. Uba dated May 28, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Patrick J. Burke and S. Robert Williams dated June 3, 2009, the reply affirmation of Mark R. Uba dated June 12, 2009, and due deliberation having been had thereon,

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

Entered: July 2, 2009

Patricia L. Morgan, Clerk