PRESENT: CENTRA, J.P., SCONIERS, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 10-00401
DOCKET NO. CA 10-01000

MOTION NO. 1505 WILLIAM E. BURKHART, JR., PLAINTIFF-APPELLANT-RESPONDENT, V STEVEN V. MODICA, J. MICHAEL WOOD, CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP, DEFENDANTS-RESPONDENTS, AND MERCURY PRINT PRODUCTIONS, INC., DEFENDANT-RESPONDENT-APPELLANT. WILLIAM E. BURKHART, JR., PLAINTIFF-APPELLANT, V STEVEN V. MODICA, J. MICHAEL WOOD, CHAMBERLAIN, D'AMANDA, OPPENHEIMER AND GREENFIELD, LLP, MERCURY PRINT PRODUCTIONS, INC., DEFENDANTS-RESPONDENTS.

Plaintiff having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 10, 2011, and each and every order of this Court, plaintiff having also moved for an order supplementing the record, vacating dismissal of these actions, changing the venue of these actions, or, in the alternative, staying these proceedings until after the conclusion of plaintiff's formal written complaints to the New York State Commission on Judicial Conduct, and having moved for other relief, and

Defendants J. Michael Wood and Chamberlain, D'Amanda, Oppenheimer and Greenfield, LLP having cross-moved for sanctions, costs, and attorneys' fees pursuant to 22 NYCRR § 130-1.1,

Now, upon reading and filing the affirmations of William E. Burkhart, Jr., Esq. dated March 16, 2011, and April 1, 2011, the affirmation of Christopher G. Todd, Esq. dated March 30, 2011, the notices of motion and cross motion with proof of service thereof, the affirmation of F. Paul Greene, Esq. dated March 31, 2011, and the affirmation of Thomas B. Cronmiller, Esq. dated April 1, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion are denied.

Entered: April 29, 2011

Patricia L. Morgan, Clerk