Cali v Merrimack Mutual Fire Ins. Co.
Motion No: 2006-11795
Slip Opinion No: 2007 NYSlipOp 66491(U)
Decided on March 30, 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

M52689

E/sl

STEVEN P. FISHER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2006-11795

Mary Ann Cali, respondent, v Merrimack

Mutual Fire Ins. Co., appellant.

(Index No. 14997/05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated November 30, 2006, for leave to reargue his prior application for a preference in the calendaring of the appeal which was determined by decision and order on motion dated March 1, 2007.

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 as unnecessary as the appeal has been placed on the calendar for Monday, May 14, 2007.

FISHER, J.P., LIFSON, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court