Matter of Mack-Cali So. West Realty Associates, LLC v Ben
Motion No: 2007-02099
Slip Opinion No: 2007 NYSlipOp 66466(U)
Decided on March 29, 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

M52695

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-02099

In the Matter of Mack-Cali So. West Realty

Associates, LLC, petitioner, v Benni's I, LLC,

respondent.

(Index No. 05-2683)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated October 13, 2006, which modified an order of the City Court, City of Yonkers, Westchester County, entered March 7, 2006.

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.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court