D'Ambrosio v 85 Crystal Run Company
Motion No: 2006-06718
Slip Opinion No: 2007 NYSlipOp 71935(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M55971

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-06718

Alex D'Ambrosio, et al., appellants, v

85 Crystal Run Company, et al., respondents.

(Action No. 1)

(Index No. 00-2280)

Betty Martin, et al., appellants, v

85 Crystal Run Company, et al., respondents.

(Action No. 2)

(Index No. 00-2281)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, for leave to resettle a decision and order of this court dated February 27, 2007, which determined an appeal from an order of the Supreme Court, Orange County, dated May 31, 2006, and to direct the respondent Empire Blue Cross and Blue Shield to produce its expert witness for a deposition.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without prejudice to seeking relief in the Supreme Court, Orange County.

CRANE, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court