| FRANK FERGUSON AND EVA FERGUSON V HANSON AGGREGATES NEW YORK, INC. |
| Motion No: 1460-12 |
| Slip Opinion No: 2013 NY Slip Op 75213(U) |
| Decided on April 26, 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. |
PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND MARTOCHE, JJ.
MOTION NO. 1460-12
DOCKET NO. CA 12-00596
| FRANK FERGUSON AND EVA FERGUSON,
PLAINTIFFS-APPELLANTS, V HANSON AGGREGATES NEW YORK, INC.,
DEFENDANT-RESPONDENT. |
Respondent 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 1, 2013,
Now, upon reading and filing the affidavit of Thomas B. Cronmiller, Esq., sworn to March 13, 2013, the notice of motion with proof of service thereof, and the affirmation of Michael Longstreet, Esq., dated March 30, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 26, 2013
Frances E. Cafarell, Clerk