| Sprague v State of New York |
| Motion No: 2005-06610 |
| Slip Opinion No: 2007 NYSlipOp 73482(U) |
| Decided on July 11, 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
M54479
S/sl
ROBERT W. SCHMIDT, J.P.
REINALDO E. RIVERA
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN, JJ.
|
2005-06610 Richard G. Sprague II, et al., appellants, v State of New York, respondent. (Claim No. 100218)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from a judgment of the Court of Claims, dated June 15, 2005, which was determined by decision and order of this court dated December 26, 2006, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order dated December 26, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for reargument is granted to the extent that the decision and order dated December 26, 2006, is amended by adding to the third paragraph on page 1, after the words "operating the vehicle" the following: "that struck the vehicle," and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals from the decision and order dated December 26, 2006, is denied.
SCHMIDT, J.P., RIVERA, SANTUCCI and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court