Silvestre v Shelley
Motion No: 2004-09872
Slip Opinion No: 2006 NYSlipOp 77867(U)
Decided on October 17, 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

M45763

A/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2004-09872

Sheryn Silvestre, et al., plaintiffs-respondents,

v Joseph P. Shelley, Jr., et al., appellants;

Richard H. Schaffer, nonparty-appellant.

(Index No. 9467-02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated October 18, 2004, which was determined by decision and order of this court dated June 6, 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.

CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court