MOTION NO. 1354 MICHAEL PASSUCCI V THE HOME DEPOT, INC., THE HOME DEPOT SPECIAL SERVICES, INC., MICHAEL BLAIR AND

MOTION NO. 1354 MICHAEL PASSUCCI V THE HOME DEPOT, INC., THE HOME DEPOT SPECIAL SERVICES, INC., MICHAEL BLAIR AND

Motion No: CA 09-00229

Slip Opinion No: 2010 NY Slip Op 71280(U)

Decided on April 30, 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.

April 30, 2010

PRESENT: CENTRA, J.P., FAHEY, CARNI, AND PINE, JJ.

DOCKET NO. CA 09-00229

MOTION NO. 1354
MICHAEL PASSUCCI, PLAINTIFF-RESPONDENT,
V
THE HOME DEPOT, INC., THE HOME DEPOT SPECIAL SERVICES,
INC., MICHAEL BLAIR AND MICHAEL KEITH NAZAR,
DEFENDANTS-APPELLANTS.

Respondent having moved for leave to appeal to the Court of Appeals from the order of this Court entered November 20, 2009,

Now, upon reading and filing the affirmation of Alan Birnholz, Esq. received March 15, 2010, the notice of motion with proof of service thereof, the affirmation of Peter A. Stroili, Esq. dated March 25, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 30, 2010

Patricia L. Morgan, Clerk