Appellate Division: Second Judicial Department

M39672

A/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-01148 Pamela Zito, appellant, v Gary Zabarsky, etc., respondent. (Index No. 5594/01)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated December 12, 2003, which was determined by opinion and order of this court dated January 24, 2006, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this court. Separate motion by the American Medical Association, the Medical Society of the State of New York, and Pfizer, Inc., for leave to file papers as amicus curiae in connection with the above motion. Separate motion by the Washington Legal Foundation for leave to join in the papers filed by the amicus curiae.

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

ORDERED that the motion for leave to file papers as amicus curiae is granted, and the papers submitted by amicus curiae have been considered on the determination of the motion for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this court dated January 24, 2006; and it is further,

ORDERED that the motion of the Washington Legal Foundation is granted; and it is further,

ORDERED that the motion for leave to reargue the appeal, or, in the alternative, for leave to appeal to the Court of Appeals is denied, with $100 costs, payable by the respondent to the appellant.

PRUDENTI, P.J., CRANE, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court