| 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 80616(U) |
| Decided on August 19, 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: FAHEY, J. P., LINDLEY, SCONIERS, AND GORSKI, 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 renewed their motion 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 affidavits of David A. Shults sworn to July 27, 2010, and August 10, 2010, the notice of motion with proof of service thereof, the affirmation of Gerard F. Norton, Esq. dated August 4, 2010, the statement of Steven D. Sessler dated August 4, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that movants may file a brief and present oral argument on the appeal taken herein on the condition that movants file and serve their brief by August 26, 2010, and
It is further ORDERED that reply briefs, if any, shall be filed and served no later than September 10, 2010.
Entered: August 19, 2010
Patricia L. Morgan, Clerk