Lundgren v Margini
Motion No: 2005-02141
Slip Opinion No: 2006 NYSlipOp 76744(U)
Decided on September 28, 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

M44859

C/sl

GABRIEL M. KRAUSMAN, J.P.

DANIEL F. LUCIANO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-02141

Eric Lundgren, appellant-respondent,

v Leslie Margini, et al., appellants,

Town of Cornwall, et al., respondents.

(Index No. 04-3477)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Orange County, dated January 27, 2005, which was determined by decision and order of this court dated June 13, 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.

KRAUSMAN, J.P., LUCIANO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court