Appellate Division: Second Judicial Department

M48690

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

FRED T. SANTUCCI

REINALDO E. RIVERA, JJ.

2005-04633 Theodore Singer, appellant, v John Neri, et al., respondents. (Index No. 40374/02)

DECISION & ORDER ON MOTION

Motion by the respondent Martin Riskin for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated September 8, 2004, which was determined by decision and order of this court dated July 25, 2006, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the appellant for an award of costs and an attorney's fee, and to impose a sanction upon the respondent Martin Riskin.

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 payable to the appellant; and it is further,

ORDERED that the cross motion is granted to the extent that $100 costs is awarded to the appellant as set forth above and the cross motion is otherwise denied.

MILLER, J.P., SCHMIDT, SANTUCCI and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court