Mahler v Torres
Motion No: 2005-03596
Slip Opinion No: 2006 NYSlipOp 67531(U)
Decided on April 27, 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

M38977

C/sl

A. GAIL PRUDENTI, P.J.

DANIEL F. LUCIANO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-03596

Philip Mahler, respondent, v

Milta Torres, etc., et al., appellants.

(Index No. 48199/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated March 4, 2005, which was determined by decision and order of this court dated January 24, 2006, 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., LUCIANO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court