| Bryan v Herbil Holding Co. |
| Motion No: 2006-12023 |
| Slip Opinion No: 2007 NYSlipOp 71931(U) |
| Decided on June 19, 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
M56206
T/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
JOSEPH COVELLO, JJ.
|
2006-12023 William A. Bryan, appellant, v Herbil Holding Co., et al., respondents. (Index No. 11942/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 7, 2007, in the above- entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to reargue the respondents' cross motion to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered October 30, 2006, which was determined by decision and order on motion of this court dated March 16, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MILLER, J.P., SANTUCCI, FLORIO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court