Thomas v Samuel
Motion No: 2005-07141
Slip Opinion No: 2007 NYSlipOp 76597(U)
Decided on August 29, 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

M59007

E/cb

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2005-07141

Theodprephier Thomas, etc., respondent,

v Horace Samuel, appellant.

(Index No. 23157/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered June 22, 2005, which was determined by decision and order of this court dated May 8, 2007. Cross motion by the respondent pursuant to 22 NYCRR part 130 to impose a sanction upon the appellant for making 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 and cross motion are denied.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court