Dowd v City of New York
Motion No: 2005-03851
Slip Opinion No: 2007 NYSlipOp 76412(U)
Decided on August 27, 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

M58971

E/sl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-03851

Scott Dowd, et al., appellants-respondents,

v City of New York, respondent, Brooklyn

Union Gas, respondent-appellant

(and a third-party action).

(Index No. 15462/96)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated May 22, 2007, which determined an appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 3, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SCHMIDT, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court