D'Agostino v Franklin
Motion No: 2004-07174
Slip Opinion No: 2006 NYSlipOp 67479(U)
Decided on April 26, 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

M38944

A/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2004-07174

Charles A. D'Agostino, Jr., appellant, v

Robert S. Franklin, et al., respondents.

(Index No. 12424/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered July 27, 2004, which was determined by decision and order of this court dated December 12, 2005.

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, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court