Matter of Metropolitan Transportation Authority; New York
Motion No: 2004-08783
Slip Opinion No: 2007 NYSlipOp 63492(U)
Decided on February 20, 2007
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

M50870

E/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2004-08783

In the Matter of Metropolitan Transportation

Authority, etc.

(Proceeding No. 1)

In the Matter of New York & Atlantic Railway,

petitioner, Southeast Produce, Ltd., appellant,

v Metropolitan Transportation Authority,

et al., respondents.

(Proceeding No. 2)

(Index Nos. 28158/02, 31046/02)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated September 1, 2004, which was 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.

PRUDENTI, P.J., MILLER, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court