Wise v McCalla
Motion No: 2003-05308 +1
Slip Opinion No: 2006 NYSlipOp 62766(U)
Decided on February 7, 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

M35855

A/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2003-05308, 2003-06738

Azhane Wise, etc., et al., respondents, v

Cyrus O. McCalla, appellant, et al., defendants.

(Index No. 35110/99)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from (1) an order of the Supreme Court, Kings County, dated April 24, 2003, and (2) a judgment of the same court dated July 1, 2003, which were determined by decision and order of this court dated December 5, 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.

PRUDENTI, P.J., FLORIO, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court