Michael Carella v Reilly & Assoc.

Michael Carella v Reilly & Assoc.

Motion No: 1138

Slip Opinion No: 2006 NYSlipOp 63568

Decided on January 12, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Michael Carella et al., Respondents, v. Reilly & Associates, et al., Appellants. --------------------------------- Reilly & Associates, et al., Third-Party Appellants, v. Italiano Bros. Drywall, Inc. et al., Third-Party Respondents. --------------------------------- (And Other Third-Party Actions.)

Motion, insofar as it seeks leave to appeal from the Appellate Division judgment dismissing the petition, dismissed as untimely (see, CPLR 5513[b]); motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution.

Motion for poor person relief dismissed as academic.