Northpark Associates, L.P. v Westcon, Inc.
Motion No: 2005-06050
Slip Opinion No: 2007 NYSlipOp 65268(U)
Decided on March 15, 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

M52126

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

GABRIEL M. KRAUSMAN

ANITA R. FLORIO, JJ.

2005-06050

Northpark Associates, L.P., respondent-appellant,

v Westcon, Inc., et al., defendants, Roman

Michalowski, et al., appellants-respondents.

(Index No. 00-18653)

DECISION & ORDER ON MOTION

Motion by Westcon, Inc., Westcon Group, Inc., Roman Michalowski, Philip Raffiani, and Thomas Dolan for leave to reargue an appeal from an amended judgment of the Supreme Court, Westchester County, dated May 4, 2005, which was determined by decision and order of this court dated November 28, 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 no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

We note that Northpark Associates, L.P., did not file a brief and therefore does not have standing to oppose the motion.

PRUDENTI, P.J., RIVERA, KRAUSMAN and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court