Nelson v McKay
Motion No: 2006-11266
Slip Opinion No: 2007 NYSlipOp 81712(U)
Decided on October 23, 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

M61380

E/sl

REINALDO E. RIVERA, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2006-11266

James Nelson, plaintiff/counterclaim defendant-

appellant, v Patricia McKay, defendant/counterclaim

plaintiff-respondent.

(Index No. 05-4048)

DECISION & ORDER ON MOTION

Motion by James Nelson for leave to reargue an appeal from a judgment of the Supreme Court, Orange County, dated November 8, 2006, which was determined by decision and order of this court dated June 26, 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.

RIVERA, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court