FILED: APPELLATE DIVISION - 4TH DEPT 07/05/2019 01:02 PM CA 19-00999

NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 07/05/2019

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NEW YORK STATE SUPREME COURT
APPELLATE DIVISION, FOURTH DEPARTMENT
* * M. DOLORES DENMAN COURTHOUSE
50 EAST AVENUE, SUITE 200

ROCHESTER, NEW YORK 14604

°°""
(585) 530-3100 Fax (585) 530-3247

MARK W. BENNETT ALAN L. Ross

CLERK
OFTHECOURT DEPUTY
CLERK
OFTHECOURT

July 5, 2019

Michael A. Fogel,. Esq.

Brown Duke & Fogel PC
120 Madison Street, Suite 620

Syracuse, NY 13202

Re: 3649 Erie, LLC v Shoppingtown Mall NY, LLC

Docket No. CA 19-00999

Dear Mr. Fogel:

Please be advised that Justice Brian F. DeJoseph of this Court has reviewed and
considered all papers submitted in connection with the order to show cause you filed on
behalf of Shoppingtown Mall NY, LLC, in the above referenced matter. Please be
further advised that Justice DeJoseph has decided not to grant any interim relief sought
therein and has thus declined to sign the order to show cause.

Very truly yours, .

Adam M. Oshrin
Principal Appellate Court Attorney

AMO/si
Enc.
pc: Christopher M. McDonald, Esq. (via NYCEF)

www.courts.state.ny.us/ad4