Matter of Kapsis v Kelleher
Motion No: 2006-06972
Slip Opinion No: 2006 NYSlipOp 74420(U)
Decided on August 25, 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

M43759

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

REINALDO E. RIVERA, JJ.

2006-06972

In the Matter of James L. Kapsis, et al.,

petitioners, v Neil W. Kelleher,

etc., et al., respondents.

(Index No. 10561/06)

DECISION & ORDER ON MOTION

Motion by the respondents Independence Party State Committee of the State of New York, Independence Party State Committee Executive Committee of the State of New York, Frank McKay, William Bogardt, Nassau County Committee of the Independence Party, Executive Committee of the Nassau County Committee of the Independence Party, Elizabeth J. Peragine, John Laliotis, Karan Kumar, Richard M. Salgado, Tina K. Pryor, Barbara A. Abrams, Michael S. Peragine, Bonnie Green, and Dennis Mousakes, in effect, inter alia, to recall and vacate a decision and order on motion of this court dated August 8, 2006, which dismissed their appeal from an order of the Supreme Court, Nassau County, dated July 19, 2006.

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

ORDERED that the motion is denied.

MILLER, J.P., RITTER, SANTUCCI and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court