CHRISTOPHER A. MILCZARSKI, AS ADMINISTRATOR OF THE ESTATE OF MARK A. MILCZARSKI, DECEASED V STEPHEN CATONE DOING
Motion No: CA 12-01323
Slip Opinion No: 2013 NY Slip Op 62397(U)
Decided on January 18, 2013
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 18, 2013

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

DOCKET NO. CA 12-01323
DOCKET NO. CA 12-02134

CHRISTOPHER A. MILCZARSKI, AS ADMINISTRATOR

OF THE ESTATE OF MARK A. MILCZARSKI, DECEASED,

PLAINTIFF-RESPONDENT,

V

STEPHEN CATONE DOING BUSINESS AS PAPA JOE'S PIZZA COMPANY,

MICHAEL K. WALASZEK, K.W. AUTO & SALES INC.,

DEFENDANTS-APPELLANTS,

AND JASON LEWIS, DEFENDANT.

(APPEAL NO. 1.)

CHRISTOPHER A. MILCZARSKI, AS ADMINISTRATOR

OF THE ESTATE OF MARK A. MILCZARSKI, DECEASED,

PLAINTIFF-RESPONDENT,

V

STEPHEN CATONE DOING BUSINESS AS PAPA JOE'S PIZZA COMPANY,

DEFENDANT, MICHAEL K. WALASZEK, K.W. AUTO & SALES INC.,

DEFENDANTS-APPELLANTS,

AND JASON LEWIS, DEFENDANT.

(APPEAL NO. 2.)


Appellants Michael K. Walaszek and K.W. Auto Sales, Inc. having moved to expedite the appeals taken from orders of Supreme Court entered in the Office of the Clerk of the County of Niagara on October 26, 2011, and November 15, 2012,

Now, upon reading and filing the affirmation of Donna L. Burden, Esq., dated December 12, 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 18, 2013

Frances E. Cafarell, Clerk