Perron v Hendrickson/Scalamandre/Posillico (TV)
Motion No: 2004-09410 +2
Slip Opinion No: 2006 NYSlipOp 60478(U)
Decided on January 10, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34678

O/sl

ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-09410, 2004-09413, 2004-09414

David Perron, et al., plaintiffs-respondents,

v Hendrickson/Scalamandre/Posillico (TV),

defendants third-party plaintiffs-appellants, et al.,

defendants; Rice Mohawk U.S. Construction

Co., Ltd., third-party defendant-respondent.

(Index No. 4668/98)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue appeals from three orders of the Supreme Court, Suffolk County, dated September 7, 2004, September 8, 2004, and September 9, 2004, respectively, which were determined by decision and order of this court dated October 24, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court