Arthur Manjourides - Page 8

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          the notice of determination.  Respondent asserts as an undisputed           
          fact that during the telephone conference, Mr. Burke promised to            
          respond by “the end of the week” but failed to do so.  In his               
          response to respondent’s motion for summary judgment, petitioner            
          states without qualification that he does not oppose this factual           
          assertion.  Inconsistently, petitioner’s response later states,             
          with regard to another of respondent’s assertions of undisputed             
          fact:  “The record does not support the setting of any deadline             
          by any party”; petitioner represents that Mr. Burke has “no                 
          recollection of making any promise to ‘call ... by the end of the           
          week’”.  To resist summary judgment, it is not sufficient to rest           
          upon mere allegations or denials of the other party’s pleadings;            
          rather, the response must “set forth specific facts showing that            
          there is a genuine issue for trial.”  Rule 121(d).  Petitioner              
          has failed to do so.                                                        
               For the reasons stated herein, we find and hold that there             
          is no genuine issue as to any material fact remaining for                   
          litigation and that a decision may be rendered as a matter of               
          law.  Accordingly,                                                          

                                                  An appropriate order and            
                                             decision will be entered.                










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