| Costello v Casale |
| Motion No: 2006-08003 |
| Slip Opinion No: 2007 NYSlipOp 77588(U) |
| Decided on September 11, 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. |
Appellate Division: Second Judicial Department
M59541
E/sl
ROBERT W. SCHMIDT, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2006-08003 Blanche Costello, respondent, v Margaret Rose Casale, appellant, et al., defendant. (Index No. 99-9644)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered July 17, 2006, which was determined by decision and order of this court dated April 24, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is granted to the extent that the decision and order dated April 24, 2007, is amended by deleting from the third paragraph thereof the citation "CPLR 5016[b]" and substituting therefor the citation "CPLR 5016[c]" and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is denied.
SCHMIDT, J.P., RIVERA, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court