Harper v W.E. Rest., Inc.
Motion No: 2005-09127
Slip Opinion No: 2007 NYSlipOp 72020(U)
Decided on June 20, 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

M56139

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-09127

Brian L. Harper, etc., appellant, v W.E. Rest.,

Inc., etc., respondent.

(Matter No. 1)

(Index No. 16014-04)

In the Matter of W. E. Rest., Inc., etc., plaintiff-

respondent, v Linda Mermelstein, etc., respondent;

Brian L. Harper, etc., nonparty-appellant.

(Matter No. 2)

(Index No. 15258-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue stated portions of an appeal from a judgment of the Supreme Court, Suffolk County, dated June 29, 2005, which was determined by decision, order and judgment of this court dated March 13, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision, order and judgment 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, with $100 costs.

SCHMIDT, J.P., SANTUCCI, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court