MISERENDINO, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS

MISERENDINO, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS

Motion No: CA 12-02394

Slip Opinion No: 2013 NY Slip Op 66577(U)

Decided on March 5, 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.

March 5, 2013

PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

DOCKET NO. CA 12-02394

MISERENDINO, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS
MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C., FORMERLY
KNOWN AS MISERENDINO, KRULL & FOLEY, P.C., FORMERLY KNOWN
AS MISERENDINO, KRULL & FOLEY,
PLAINTIFF-APPELLANT,
V
PHILIP CELNIKER, JONATHAN D. ESTOFF,
DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.
(ACTION NO. 1.)

AND THE MISERENDINO LAW FIRM, P.C., FORMERLY KNOWN AS
MISERENDINO, SEEGERT & ESTOFF, P.C., FORMERLY KNOWN AS
MISERENDINO, CELNIKER, SEEGERT & ESTOFF, P.C, FORMERLY
KNOWN AS MISERENDINO, KRULL & FOLEY, PLAINTIFF-APPELLANT,
V
WALTER P. SEEGERT, DEFENDANT-RESPONDENT.
(ACTION NO. 2.)

Appellant having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on December 3, 2012,

Now, upon reading and filing the affidavits of Thomas F. Knab, Esq., sworn to January 9, 2013, and January 18, 2013, the notice of motion with proof of service thereof, the affirmation of Richard T. Sullivan, Esq., dated January 18, 2013, the affidavit of Randall D. White, Esq., sworn to January 17, 2013, and the affirmation of Jonathan Schapp, Esq., dated January 18, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 5, 2013

Frances E. Cafarell, Clerk