| Schmitt v City of New York |
| Motion No: 2007-01863 |
| Slip Opinion No: 2007 NYSlipOp 68883(U) |
| Decided on May 4, 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. |
Appellate Division: Second Judicial Department
M54223
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2007-01863 John Schmitt, et al., respondents, v City of New York, appellant. (Index No. 4937/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue those branches of the appellant's motion which were for leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 26, 2007, and to stay enforcement of a temporary restraining order contained in the order dated February 26, 2007, pursuant to CPLR 5519(c), pending hearing and determination of the appeal. The appellant's motion was determined by decision and order on motion dated March 2, 2007. Cross motion by the appellant pursuant to 22 NYCRR part 130 for an award of an attorney's fee and costs, and to impose a sanction upon the respondents for the making of a frivolous motion.
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 and cross motion are denied.
SANTUCCI, J.P., KRAUSMAN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court