CATHERINE BARNES AND SCOTT BARNES V DEAN E. FIX, DAVID S. BRODERICK, ADMINISTRATOR OF THE ESTATE OF HARRISON W. CALEB
Motion No: 478-09
Slip Opinion No: 2009 NY Slip Op 85784(U)
Decided on October 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.


October 2, 2009

PRESENT: HURLBUTT, J. P., MARTOCHE, CARNI, GREEN, AND PINE, JJ.

MOTION NO. 478-09
DOCKET NO. CA 08-02152

CATHERINE BARNES AND SCOTT BARNES, PLAINTIFFS-RESPONDENTS,

V

DEAN E. FIX, DAVID S. BRODERICK, ADMINISTRATOR OF THE

ESTATE OF HARRISON W. CALEB, JR., DECEASED,

DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.


Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 5, 2009,

Now, upon reading and filing the affidavit of John A. Collins sworn to June 18, 2009, the notice of motion with proof of service thereof, the opposing affirmation of H. Ward Hamlin, Jr. dated June 19, 2009, and due deliberation having been had thereon,

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

Entered: October 2, 2009

Patricia L. Morgan, Clerk