Kirell v Vytra Health Plans Long Island, Inc.
Motion No: 2004-10860
Slip Opinion No: 2006 NYSlipOp 75870(U)
Decided on September 15, 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

M44463

Y/nl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2004-10860

Robert Kirell, etc., respondent-appellant,

v Vytra Health Plans Long Island, Inc., et al.,

appellants-respondents.

(Index No. 7545/04)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered November 19, 2004, which was determined by decision and order of this court dated May 9, 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, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court