KENNETH GORDON - V PRESBYTERY OF WESTERN NEW YORK AND PRESBYTERIAN CHURCH, (U.S.A.), A CORPORATION
Motion No: 1438-09
Slip Opinion No: 2009 NY Slip Op 93095(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: HURLBUTT, J.P., SMITH, CARNI, AND PINE, JJ.

MOTION NO. 1438-09
DOCKET NO. CA 09-00787

KENNETH GORDON, ET AL., PLAINTIFFS-APPELLANTS,

V

PRESBYTERY OF WESTERN NEW YORK AND PRESBYTERIAN CHURCH,

(U.S.A.), A CORPORATION, DEFENDANTS-RESPONDENTS.


Plaintiffs having moved for leave to appeal to the Court of Appeals from the order of this Court entered November 13, 2009,

Now, upon reading and filing the affirmation of Lisa T. Sofferin dated November 20, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Michael Pilarz sworn to December 1, 2009, the opposing affirmation of Adam W. Perry dated December 2, 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