Appellate Division: Second Judicial Department

M58255

J/nl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN, JJ.

2004-00606 Bank of New York, etc., respondent, v Jaime Ortiz, et al., appellants; Mohammad S. Islam, intervenor-respondent. (Index No. 7784/98)

DECISION & ORDER ON APPLICATION

Three applications by the appellants for leave to make a motion for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated December 22, 2003, which was determined by decision and order of this court dated June 20, 2006, and for costs and an attorney's fee on the appeal. After the determination of the appeal, the appellants made four motions for reargument of the appeal and one motion for leave to appeal to the Court of Appeals. By decision and order on motion dated December 27, 2006, the appellants were enjoined from making any further motions without leave of court. Having made 10 applications to this court for leave to make a motion, inter alia, for reargument of the appeal, by decision and order on application dated May 4, 2007, the appellants were enjoined from making any further motions which repeat any of the issues or arguments which were raised on appeal or in the prior motions and applications filed in this court. Since then, the appellants have made 14 applications to this court for leave to make a motion, inter alia, for reargument of the appeal.

ORDERED that the applications are denied; and it is further,

ORDERED that the appellants are enjoined from making any further motions or applications in connection with the above-entitled appeal.

PRUDENTI, P.J., SCHMIDT, SPOLZINO and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court