Matter of Gibbs v O'Rourke
Motion No: 2007-07423
Slip Opinion No: 2008 NYSlipOp 60053(U)
Decided on January 3, 2008
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

M64272

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

HOWARD MILLER

MARK C. DILLON, JJ.

2007-07423

In the Matter of M. Eugene Gibbs, etc.,

petitioner, v Andrew P. O'Rourke, et al.,

respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner, in effect, for leave to reargue a proceeding pursuant to CPLR article 78 in the nature of mandamus, which was determined by decision and judgment dated September 25, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court