JOSEPH GENTILE V CAROL GENTILE
Motion No: 1377-08
Slip Opinion No: 2009 NY Slip Op 93092(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.


December 30, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, FAHEY, PERADOTTO, AND PINE, JJ.

MOTION NO. 1377-08
DOCKET NO. CA 07-02389

JOSEPH GENTILE, PLAINTIFF-APPELLANT,

V

CAROL GENTILE, DEFENDANT-RESPONDENT.



JOSEPH GENTILE, THIRD-PARTY PLAINTIFF-APPELLANT,

V

JOSEPH L. KILBRIDGE, ESQ. AND PETER J. FIORELLA, JR., ESQ.,

THIRD-PARTY DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)


Appellant having moved for leave to appeal to the Court of Appeals from the order of this Court entered November 14, 2008, and for other relief,

Now, upon reading and filing the affidavit of Michael W. Rickard, II sworn to November 10, 2009, the notice of motion with proof of service thereof, the opposing affidavit of J. Michael Lennon sworn to November 19, 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