- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011