Bruker v Posner
Motion No: 2005-10671
Slip Opinion No: 2006 NYSlipOp 76824(U)
Decided on September 29, 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

M45208

E/nl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2005-10671

Stephanie Bruker, et al., appellants,

v Jon Posner, etc., et al., respondents.

(Index No. 05-6873)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to recall and vacate a decision and order on motion of this court dated July 12, 2006, which dismissed an appeal from an order of the Supreme Court, Westchester County, dated October 4, 2005.

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

ORDERED that the motion is denied.

FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court