Opinion
DOCKET NO. CA 17-01309
02-26-2018
SAMUEL, SON & CO., INC., PLAINTIFF-APPELLANT-RESPONDENT, v. THOMAS F. CELA AND ALL-STATE DIVERSIFIED PRODUCTS, INC., DEFENDANTS-RESPONDENTS-APPELLANTS.
PRESENT:
Plaintiff having moved to adjourn oral argument of the appeals taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on January 31, 2017,
Now, upon reading and filing the affidavit of Howard E. Berger, Esq., sworn to February 12, 2018, the notice of motion with proof of service thereof, and the affidavit of David C. Temes, Esq., sworn to February 12, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that the appeal is deemed submitted pending the receipt of appropriate documentation discontinuing the appeal.
Entered: February 26, 2018
Mark W. Bennett, Clerk