THOMAS V. CASE V ANTONE R. CASE, CASE BROS., A NEW YORK PARTNERSHIP, DOING BUSINESS AS TC PACKING COMPANY, AND WYOMING
Motion No: CA 10-00567
Slip Opinion No: 2010 NY Slip Op 86321(U)
Decided on October 21, 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 21, 2010

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, DOING

BUSINESS AS TC PACKING COMPANY, AND WYOMING COUNTY BANK,

DEFENDANTS-RESPONDENTS.



DIBBLE & MILLER, P.C., APPELLANT,

DAVID A. SHULTZ AND BARBARA L.S. FINCH, INTERVENORS.


Intervenors having moved for permission to file an appendix to their brief on an appeal taken herein 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, Esq. sworn to September 1, 2010, the notice of motion with proof of service thereof, the affirmation of Gerard F. Norton, Esq. dated September 13, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 21, 2010

Patricia L. Morgan, Clerk