Care v Nazzarena
Motion No: 2005-09362
Slip Opinion No: 2007 NYSlipOp 83353(U)
Decided on November 9, 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

M62277

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO, JJ.

2005-09362

Raffaele Care, plaintiff, v

Fazio Nazzarena, respondent;

Giovannina Dizenzo, nonparty-appellant.

(Index No. 04-12808)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated August 4, 2005, which was determined by decision and order of this court dated June 5, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Separate motion by the respondent, inter alia, to direct the immediate transfer of certain funds to her attorney.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

MILLER, J.P., RITTER, SANTUCCI and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court