Spano v Bertocci
Motion No: 2004-00058
Slip Opinion No: 2006 NYSlipOp 62890(U)
Decided on February 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

M35989

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2004-00058

Andrea Spano, etc., et al., appellants,

v Baldo Bertocci, etc., defendant,

Esther Baldinger, etc., respondent.

(Index No. 24352/97)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an amended judgment of the Supreme Court, Kings County, dated September 24, 2003, which was determined by decision and order of this court dated October 31, 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., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court