Bernadette Panzella, P.C. v DeSantis
Motion No: 2006-01796
Slip Opinion No: 2007 NYSlipOp 76084(U)
Decided on August 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

M58701

J/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2006-01796, 2006-01798, 2006-03744

DECISION & ORDER ON MOTION

Bernadette Panzella, P.C., appellant, v Gerard D.

DeSantis, respondent; Adam Stanger D.C., P.C.,

nonparty-respondent.

(Index No. 100157/05)

Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Richmond County, dated July 7, 2005, and December 22, 2005, respectively, and a judgment of the same court entered March 2, 2006, which were determined by decision and order of this court dated January 23, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the nonparty-respondent for the imposition of costs and an attorney's fee on the appeal and the motion.

Upon the papers filed in support of the motion and 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 granted to the extent indicated above and is otherwise denied.

MILLER, J.P., RIVERA, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court