Blangiardo v Horstmann
Motion No: 2005-04991 +1
Slip Opinion No: 2006 NYSlipOp 83012(U)
Decided on December 28, 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

M48764

E/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-04991, 2005-06317

Frank J. Blangiardo, plaintiff-respondent, v

Richard Horstmann, defendant-respondent,

Nassau Point Property Owners Association,

Inc., appellant, et al., defendant.

(Index No. 17068-02)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent for leave to reargue appeals from an order of the Supreme Court, Suffolk County, dated April 4, 2005, and a judgment of the same court entered June 8, 2005, which were determined by decision and order of this court dated September 19, 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.

SCHMIDT, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court