| ANTHONY FOSTER, TERRIL ELLIS AND ARNOLD PENDER V DEALMAKER, SLS, LLC, AND MATTHEW J. MCCARGAR |
| Motion No: 826-09 |
| Slip Opinion No: 2009 NY Slip Op 85796(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. |
PRESENT: SCUDDER, P. J., MARTOCHE, FAHEY, CARNI, AND PINE, JJ.
MOTION NO. 826-09
DOCKET NO. CA 08-01601
| ANTHONY FOSTER, TERRIL ELLIS AND ARNOLD PENDER,
PLAINTIFFS-RESPONDENTS, V DEALMAKER, SLS, LLC, AND MATTHEW J. MCCARGAR,
DEFENDANTS-APPELLANTS. |
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 affirmation of Arnold E. DiJoseph, III dated July 16, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Matthew H. McArdle sworn to 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: October 2, 2009
Patricia L. Morgan, Clerk