Castro v Homsun Corp.
Motion No: 2005-11846
Slip Opinion No: 2007 NYSlipOp 64728(U)
Decided on March 8, 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

M51707

E/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

ANITA R. FLORIO, JJ.

2005-11846

Frank Castro, appellant, v

Homsun Corp., et al., respondents.

(Index No. 00-4047)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Rockland County, dated November 7, 2005, which was determined by decision and order of this court dated November 21, 2006. Cross motion by the respondents for leave to appeal to the Court of Appeals from the decision and order of this court, in the event that the motion is granted.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs; and it is further,

ORDERED that the cross motion is denied as academic in light of our determination of the motion.

SCHMIDT, J.P., CRANE, GOLDSTEIN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court