Restagno v Horwitz
Motion No: 2006-08089
Slip Opinion No: 2008 NYSlipOp 65999(U)
Decided on March 11, 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

M67377

E/nl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

THOMAS A. DICKERSON, JJ.

2006-08089, 2006-10647

Dominick Restagno, etc., appellant, v

Jonathan Horwitz, etc., et al., respondents.

(Index No. 7379/03)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court dated December 4, 2007, which determined appeals from an order of the Supreme Court, Queens County, dated August 1, 2006, and a judgment of the same court entered September 22, 2006.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., RIVERA, SPOLZINO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court