| LEE FANG V HOME DEPOT USA, INC. AND SUPERIOR HEATING CO., LLC |
| Motion No: CA 11-01736 |
| Slip Opinion No: 2012 NY Slip Op 93554(U) |
| Decided on December 6, 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. |
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ.
DOCKET NO. CA 11-01736
| LEE FANG, PLAINTIFF-APPELLANT, V HOME DEPOT USA,
INC. AND SUPERIOR HEATING CO., LLC, DEFENDANTS-RESPONDENTS. |
Appellant having moved to modify an order of the Erie County Court dated May 11, 2011, and having moved for other relief,
Now, upon reading and filing the affidavits of Lee Fang sworn to October 30, 2012, and November 16, 2012, the notice of motion with proof of service thereof, the affidavit of Jon F. Minear, Esq., sworn to November 14, 2012, and the affidavit of Kristin L. Norfleet, Esq., sworn to November 15, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to appellant seeking any available relief from another court.
Entered: December 6, 2012
Frances E. Cafarell, Clerk