| NICHOLAS KILMER V DAVID MASTROPIETRO, INDIVIDUALLY AND/OR DOING BUSINESS AS FINGER LAKES TRANSPORT, AND DAVID BAKER |
| Motion No: 1152-16 |
| Slip Opinion No: 2017 NY Slip Op 69062(U) |
| Decided on March 24, 2017 |
| 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, PERADOTTO, NEMOYER, AND SCUDDER, JJ.
MOTION NO. 1152-16
DOCKET NO. CA 16-00458
| NICHOLAS KILMER, PLAINTIFF-APPELLANT, V DAVID MASTROPIETRO,
INDIVIDUALLY AND/OR DOING BUSINESS AS FINGER LAKES TRANSPORT, AND DAVID BAKER,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 23, 2016,
Now, upon reading and filing the affirmation of Eugene W. Lane, Esq., dated January 27, 2017, the notice of motion with proof of service thereof, the affidavit of Karen J. Krogman Daum, Esq., sworn to February 16, 2017, and the affirmation of Matthew C. Lenahan, Esq., dated February 17, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 24, 2017
Frances E. Cafarell, Clerk