Wise v. MASTROMARCO

Order Michigan Supreme Court Lansing, Michigan March 23, 2009 Marilyn Kelly, Chief Justice Michael F. Cavanagh Elizabeth A. Weaver 136284 Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway, PATRICIA A. WISE, Justices Plaintiff-Appellee, v SC: 136284 COA: 280254 Saginaw CC: 04-052836-NM VICTOR J. MASTROMARCO, JR., MASTROMARCO & JAHN, P.C., and CADY, MASTROMARCO & JAHN, P.C., Defendants-Appellants. _________________________________________/ On order of the Court, the application for leave to appeal the March 12, 2008 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should now be reviewed by this Court. HATHAWAY, J., not participating. Justice Hathaway recuses herself and will not be participating in this case because her law clerk was a witness in this case. See MCR 2.003(B); Code of Judicial Conduct, Canon 2 (stating that “[a] judge must avoid all impropriety and appearance of impropriety.”). I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 23, 2009 _________________________________________ d0316 Clerk