| MOTION NO. 720 DAVID J. SMITH, V NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC. AND EUGENE B. JENKINS, . |
| Motion No: CA 09-01804 |
| Slip Opinion No: 2010 NY Slip Op 84837(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. |
PRESENT: MARTOCHE, J. P., SMITH, CENTRA, SCONIERS, AND PINE, JJ.
CA 09-01804
| MOTION NO. 720 DAVID J. SMITH, PLAINTIFF-RESPONDENT-APPELLANT,
V NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC. AND EUGENE B. JENKINS,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
Defendants-appellants-respondents having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered July 2, 2010,
Now, upon reading and filing the affirmation of Thomas J. Speyer, Esq. dated August 12, 2010, the notice of motion with proof of service thereof, the affidavit of Eugene C. Tenney, Esq. sworn to August 18, 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