Musick v 330 Wythe Avenue Associates, LLC
Motion No: 2005-09902 +1
Slip Opinion No: 2006 NYSlipOp 77608(U)
Decided on October 13, 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

M45660

C/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-09902, 2006-04738

Natalie Musick, respondent,

v 330 Wythe Avenue Associates, LLC,

appellant.

(Index No. 42279/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Kings County, dated September 14, 2005, and a judgment of the same court dated March 30, 2006, for leave to reargue that branch of her motion which was, in effect, to deem a notice of cross appeal from an order of the same court dated July 5, 2005, to be a premature notice of cross appeal from the order dated September 14, 2005, and the judgment, which was determined by decision and order on motion of this court dated August 24, 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.

PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court