Kaufman v Kehler
Motion No: 2005-00030
Slip Opinion No: 2006 NYSlipOp 67584(U)
Decided on April 28, 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

M38930

A/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-00030

Melvyn Kaufman, et al., respondents, v

Elizabeth Kehler, et al., appellants, et al.,

defendant.

(Index No. 01-18099)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered December 15, 2004, which was determined by decision and order of this court dated January 31, 2006, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and cross motion by the appellants for an award of costs, the imposition of a sanction, and an award of an attorney's fee.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs; and it is further;

ORDERED that the branch of the cross motion which is for an award of costs is granted to the extent indicated and the cross motion is otherwise denied.

PRUDENTI, P.J., MILLER, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court