Matter of Gaudioso v Board of Trustees of New York City Fir
Motion No: 2006-04719
Slip Opinion No: 2007 NYSlipOp 78055(U)
Decided on September 14, 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

M59752

E/cb

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-04719

In the Matter of Anthony Gaudioso, appellant,

v Board of Trustees of New York City Fire

Department, Article 1-B Pension Fund, etc.,

et al., respondents.

(Index No. 28853/05)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated March 16, 2006, which was determined by decision and order of this court dated May 1, 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 motion is denied, with $100 costs.

SPOLZINO, P.J., KRAUSMAN, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court