Terry v Danisi Fuel Oil Company, Inc.
Motion No: 2006-02626
Slip Opinion No: 2007 NYSlipOp 80584(U)
Decided on October 12, 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

M60957

E/sl

REINALDO E. RIVERA, J.P.

GLORIA GOLDSTEIN

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-02626

John Terry, appellant, v Danisi Fuel Oil Company,

Inc., et al., respondents, et al., defendants

(and a third-party action).

(Action No. 1)

Glenn Arthur Terry, appellant, v Danisi Fuel

Oil Company, Inc., et al., respondents, et al.,

defendants.

(Action No. 2)

(Index Nos. 07411-02, 30359-02)

DECISION & ORDER ON MOTION

Motion by the respondent Danisi Fuel Oil Company, Inc., for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, entered March 2, 2006, which was determined by decision and order of this court dated May 29, 2007.

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.

RIVERA, J.P., GOLDSTEIN, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court