Smith v Moore
Motion No: 2004-11247
Slip Opinion No: 2006 NYSlipOp 75638(U)
Decided on September 14, 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

M44500

Y/nl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2004-11247

Edwin A. Smith, appellant, v David P.

Moore, et al., respondents.

(Index No. 24345/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an amended order of the Supreme Court, Nassau County, dated November 5, 2004, which was determined by decision and order of this court dated July 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court