Matter of Duniewski v Smith
Motion No: 2007-08731
Slip Opinion No: 2007 NYSlipOp 83366(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

M61834

E/sl

HOWARD MILLER, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-08731

In the Matter of Frank Duniewski, petitioner,

v Thomas Smith, respondent.

(Index No. 73746/03)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 25, 2007, which affirmed a judgment of the Civil Court, City of New York, Kings County, entered October 14, 2005.

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

ORDERED that the motion is denied.

MILLER, J.P., LIFSON, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court