Trataros Construction, Inc. v New York City School Const
Motion No: 2005-10565
Slip Opinion No: 2008 NYSlipOp 68598(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

M68683

E/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2005-10565

Trataros Construction, Inc., respondent-appellant,

v New York City School Construction Authority,

appellant-respondent.

(Index No. 26401/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to reargue an appeal and cross appeal from a judgment of the Supreme Court, Queens County, entered October 31, 2005, which were determined by decision and order of this court dated December 26, 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.

PRUDENTI, P.J., MASTRO, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court