| RUDOLPH V. HEROD AND ARLENE HEROD V MICHAEL C. MELE, COUNTY OF ORLEANS, - . |
| Motion No: 665-09 |
| Slip Opinion No: 2009 NY Slip Op 85801(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, PERADOTTO, AND GREEN, JJ.
MOTION NO. 665-09
DOCKET NO. CA 08-02502
| RUDOLPH V. HEROD AND ARLENE HEROD, PLAINTIFFS-RESPONDENTS, V
MICHAEL C. MELE, COUNTY OF ORLEANS, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. |
Plaintiffs having moved for leave to appeal to the Court of Appeals from the order of this Court entered May 1, 2009,
Now, upon reading and filing the affidavit of Richard G. Berger sworn to June 8, 2009, the notice of motion with proof of service thereof, 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