TIMOTHY A. RUDNIK V GLADSTON C. PETINAUD
Motion No: CA 11-02561
Slip Opinion No: 2012 NY Slip Op 62938(U)
Decided on January 26, 2012
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.


January 26, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-02561

TIMOTHY A. RUDNIK, ET AL., PLAINTIFFS,

V

GLADSTON C. PETINAUD, DEFENDANT.



GLADSTON C. PETINAUD, THIRD-PARTY PLAINTIFF-RESPONDENT,

V

SARAH C. JOYCE, THIRD-PARTY DEFENDANT-APPELLANT.


Third-party defendant-appellant having moved to expedite the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 24, 2011,

Now, upon reading and filing the affidavit of Kevin M. O'Neill, Esq., sworn to January 9, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: January 26, 2012

Frances E. Cafarell, Clerk