Turnbull v MTA New York City Transit
Motion No: 2004-06950
Slip Opinion No: 2006 NYSlipOp 72476(U)
Decided on July 21, 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

M42404

A/nl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2004-06950

James M. Turnbull, et al., appellants, et al.,

plaintiffs, v MTA New York City Transit,

respondent.

(Index No. 26485/99)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 27, 2004, which was determined by decision and order of this court dated April 18, 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.

FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court