| RAYMOND T. WEBBER AND DUANE WEBBER V LEE WEBBER AND GERALD T. FILIPIAK |
| Motion No: CA 16-00075 |
| Slip Opinion No: 2016 NY Slip Op 69583(U) |
| Decided on April 7, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00075
| RAYMOND T. WEBBER AND DUANE WEBBER, PLAINTIFFS-APPELLANTS, V
LEE WEBBER AND GERALD T. FILIPIAK, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 18, 2015, on the ground that the satisfaction of judgment dated August 18, 2015, prohibits the appeal,
Now, upon reading and filing the affidavit of Jennifer C. Persico, Esq., sworn to March 4, 2016, the notice of motion with proof of service thereof, and the affirmation of John G. Horn, Esq., dated March 11, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew arguments on the issue of whether the appeal is prohibited by the satisfaction of judgment in respondents' brief.
Entered: April 7, 2016
Frances E. Cafarell, Clerk