MOTION NO. 1685/08 KIMBERLY HOFMANN, V TOWN OF ASHFORD, DUANE FULLER, - .
Motion No: CA 08-01442
Slip Opinion No: 2009 NY Slip Op 77466(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: SCUDDER, P.J., HURLBUTT, FAHEY, PERADOTTO, AND PINE, JJ.

DOCKET NO. CA 08-01442

MOTION NO. 1685/08

KIMBERLY HOFMANN, PLAINTIFF-RESPONDENT-APPELLANT,

ET AL., PLAINTIFF,

V

TOWN OF ASHFORD, DUANE FULLER, DEFENDANT-APPELLANTS,

ET AL., DEFENDANTS.



STATE FARM MUTUAL AUTOMOBILE INS. CO., AS SUBROGEE OF

GEORGE K. HOFMANN, PLAINTIFF-RESPONDENT,

V

TOWN OF ASHFORD AND DUANE FULLER, DEFENDANTS-APPELLANTS.


Appellants having moved for leave to appeal to the Court of Appeals from the order of this Court entered March 27, 2009,

Now, upon reading and filing the affirmation of Michael F. Chelus dated May 22, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Eric D. Handelman dated May 29, 2009, the opposing affirmation of John A. Sheehan dated June 2, 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