MOTION NO. 655 SHANNON L. JOHNSON V YARUSSI CONSTRUCTION, INC., CARMEN BONGIOVANNI, - .
Motion No: CA 09-01993
Slip Opinion No: 2010 NY Slip Op 84814(U)
Decided on October 1, 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.


October 1, 2010

PRESENT: MARTOCHE, J. P., SMITH, FAHEY, PERADOTTO, AND GREEN, JJ.

CA 09-01993

MOTION NO. 655

SHANNON L. JOHNSON, PLAINTIFF-APPELLANT,

V

YARUSSI CONSTRUCTION, INC., CARMEN BONGIOVANNI,

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.


Respondents having moved for leave to appeal to the Court of Appeals from the order of this Court entered June 11, 2010,

Now, upon reading and filing the affirmation of Benjamin F. Neidl, Esq. dated July 15, 2010, the notice of motion with proof of service thereof, the affidavit of Edward J. Markarian, Esq. sworn to July 21, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 1, 2010

Patricia L. Morgan, Clerk