Pino v Robert Martin Company
Motion No: 2004-00500
Slip Opinion No: 2006 NYSlipOp 70981(U)
Decided on June 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

M41347

J/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-00500

Demetrio Pino, et al., respondents, v Robert Martin

Company, et al., defendants third-party plaintiffs-

appellants-respondents; Micromold Products, Inc.,

third-party defendant-respondent-appellant.

(Action No. 1)

Demetrio Pino, et al., respondents, v Cali Services, Inc.,

defendant third-party plaintiff-appellant-respondent,

et al., defendant; Micromold Products, Inc., third-party

defendant-respondent-appellant, et al., third-party

defendant.

(Action No. 2)

(Index Nos. 99-18733, 01-2200)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants-respondents in Action No. 1 for leave to reargue appeals and a cross appeal from an order of the Supreme Court, Westchester County, entered January 2, 2004, which was determined by decision and order of this court dated October 11, 2005, 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

SCHMIDT, J.P., SANTUCCI, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court