David Smith v Country Serv., Inc.
Motion No: 2005-01471 ORC
Slip Opinion No: 2006 NYSlipOp 78359(U)
Decided on October 23, 2006
Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and LIPPMAN, JJ.

NO. 2005-1471 OR C
DAVID SMITH,

Respondent,

-against-

COUNTRY SERVICE, INC.,

Appellant.

DECISION

Motion by appellant for leave to reargue a portion of an order of this court dated September 12, 2006 conditionally continuing a stay pending appeal denied as moot.

The appeal has been determined, and the stay has fallen.