Matter of Marzigliano v New York City Employees' Retireme
Motion No: 2005-06492
Slip Opinion No: 2006 NYSlipOp 73405(U)
Decided on August 8, 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

M42998

S/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2005-06492

In the Matter of Frank Marzigliano, appellant,

v New York City Employees' Retirement System

(NYCERS), respondent.

(Index No. 28670/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated May 4, 2005, which was determined by decision and order of this court dated March 28, 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.

SCHMIDT, J.P., CRANE, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court