| Allcity Insurance Company v Borrello |
| Motion No: 2003-10731 +1 |
| Slip Opinion No: 2006 NYSlipOp 61206(U) |
| Decided on January 30, 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. |
Appellate Division: Second Judicial Department
M35427
T/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2003-10731, 2004-07704 Allcity Insurance Company, appellant, v Ann Marie Borrello, et al., respondents, et al., defendants. (Index No. 33411/02)
| DECISION & ORDER ON MOTION |
Motions by the respondents (1) for leave to reargue appeals from two orders of the Supreme Court, Kings County, entered November 12, 2003, and August 23, 2004, respectively, which were determined by decision and order of this court dated June 27, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and (2) to stay the trial in the above-entitled action in the event leave to appeal to the Court of Appeals is granted.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue the appeals or, in the alternative, for leave to appeal to the Court of Appeals is denied, with $100 costs; and it is further,
ORDERED that the motion to stay the trial in the above-entitled action in the event leave to appeal to the Court of Appeals is granted is denied as academic.
FLORIO, J.P., SCHMIDT, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court