| THOMAS V. CASE V ANTONE R. CASE, CASE BROS., A NEW YORK PARTNERSHIP, D/B/A TC PACKING COMPANY, WYOMING COUNTY BANK |
| Motion No: CA 10-00567 |
| Slip Opinion No: 2010 NY Slip Op 69815(U) |
| Decided on April 20, 2010 |
| 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, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00567
| THOMAS V. CASE, PLAINTIFF-APPELLANT, V ANTONE R. CASE, CASE
BROS., A NEW YORK PARTNERSHIP, D/B/A TC PACKING COMPANY, WYOMING COUNTY BANK,
DEFENDANTS-RESPONDENTS. |
David A. Shults and Barbara L. S. Finch (movants) having moved to intervene on the
appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County
of Livingston on July 30, 2009,
Now, upon reading and filing the affidavit of David A. Shults sworn to February 25, 2010, the notice of motion with proof of service thereof, the affirmation of Gerard F. Norton, Esq. dated March 8, 2010, the affidavit of David A. Shults sworn to March 16, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied with leave to renew upon the filing of a new motion accompanied by a proposed pleading setting forth the claim or defense for which intervention is sought.
Memorandum: Movants failed to accompany their motion with a proposed pleading setting forth the claim or defense for which intervention is sought (CPLR 1014; see Rozewicz v Ciminelli, 116 AD2d 990).
Entered: April 20, 2010
Patricia L. Morgan, Clerk