Shephard v City of New York
Motion No: 2006-01529
Slip Opinion No: 2007 NYSlipOp 78196(U)
Decided on September 17, 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

M59756

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-01529

Albert Lloyd Shephard, et al., plaintiffs-respondents,

v City of New York, appellant, John J. Zordan,

et al., defendants-respondents.

(Index No. 36353/97)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 6, 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 motion is denied, with $100 costs.

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

ENTER:

James Edward Pelzer

Clerk of the Court