| DAVID DALE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF VIRGINIA DALE, DECEASED, - V WALETTA GENTRY |
| Motion No: 1183-09 |
| Slip Opinion No: 2009 NY Slip Op 93090(U) |
| Decided on December 30, 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: CENTRA, J.P., FAHEY, PERADOTTO, AND GREEN, JJ.
MOTION NO. 1183-09
DOCKET NO. CA 09-00697
| DAVID DALE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF
VIRGINIA DALE, DECEASED, PLAINTIFF-APPELLANT V WALETTA GENTRY, DEFENDANT-RESPONDENT. |
Plaintiff having moved leave to appeal to the Court of Appeals from the order of this Court entered October 2, 2009,
Now, upon reading and filing the affidavit of David Dale sworn to November 9, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Gabriel J. Ferber dated November 10, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: December 30, 2009
Patricia L. Morgan, Clerk