CHERYL FOLEY AND WILLIAM FOLEY V WEST-HERR FORD, INC. .
Motion No: 1040-13
Slip Opinion No: 2014 NY Slip Op 64893(U)
Decided on February 7, 2014
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.


February 7, 2014

PRESENT: SCUDDER, P.J., CENTRA, CARNI, AND LINDLEY, JJ.

MOTION NO. 1040-13
DOCKET NO. CA 12-01806

CHERYL FOLEY AND WILLIAM FOLEY, PLAINTIFFS-RESPONDENTS,

V

WEST-HERR FORD, INC., ET AL., DEFENDANTS.



TIMOTHY B. HOWARD, SHERIFF, COUNTY OF ERIE, APPELLANT.


Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 8, 2013,

Now, upon reading and filing the affirmations of Debra A. Norton, Esq., dated December 16, 2013, and December 27, 2013, the notice of motion with proof of service thereof, and the affidavit of Kenneth R. Kirby, Esq., sworn to December 20, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 7, 2014

Frances E. Cafarell, Clerk