| Oscar C. Lerwick, Jr. v Ruth A. Smith |
| Motion No: 746 |
| Slip Opinion No: 2006 NYSlipOp 77673 |
| Decided on October 17, 2006 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |