| LENO W. GEE V M & T BANK, MARK HOGAN, AND CITIBANK |
| Motion No: CA 08-01973 |
| Slip Opinion No: 2009 NY Slip Op 81533(U) |
| Decided on August 20, 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, GREEN, AND PINE, JJ.
DOCKET NO. CA 08-01973
| LENO W. GEE, PLAINTIFF-APPELLANT, V M & T BANK, MARK HOGAN, AND
CITIBANK, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 10, 2008, on the ground that they were not served with copies of the record and brief as filed with the Court,
Now, upon reading and filing the affirmation of Julia M. Hilliker dated July 21, 2009, the notice of motion with proof of service thereof, the opposing statement of Leno W. Gee dated July 27, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: August 20, 2009
Patricia L. Morgan, Clerk