McComb v Bender
Motion No: 2006-10239
Slip Opinion No: 2008 NYSlipOp 68583(U)
Decided on April 7, 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

M68681

E/cb

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2006-10239

Joan McComb, et al., respondents, v Robert

S. Bender, et al., appellants.

(Index No. 3835/04)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered October 11, 2006, which was determined by decision and order of this court dated November 27, 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., FLORIO, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court