Zafarani v Gluck
Motion No: 2006-04990
Slip Opinion No: 2007 NYSlipOp 74552(U)
Decided on July 31, 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

M57789

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

EDWARD D. CARNI, JJ.

2006-04990

Joseph Zafarani, plaintiff, v Kenneth Gluck,

et al., appellants, Helene K. Tobin, respondent.

(Index No. 17943/04)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 19, 2006, which was determined by decision and order of this court dated May 29, 2007. Cross motion by the respondent to impose a sanction upon the appellants, and for an award of costs and an attorney's fee 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 is denied, with $100 costs; and it is further,

ORDERED that the cross motion is denied except to the extent indicated above.

MASTRO, J.P., SANTUCCI, KRAUSMAN and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court