Matter of Health & Endurance Medical, P.C., as assignee of

Matter of Health & Endurance Medical, P.C., as assignee of

Motion No: 2006-10864

Slip Opinion No: 2008 NYSlipOp 72529(U)

Decided on May 20, 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

M70712

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

THOMAS A. DICKERSON, JJ.

2006-10864
In the Matter of Health & Endurance Medical,
P.C., as assignee of Stanley Cummings, appellant,
v Deerbrook Insurance Company, respondent.
(Index No. 38590/05)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated June 22, 2006, which was determined by decision and order of this court dated October 16, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the appellant for an award of additional attorneys fees and filing fees.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the respondent's motion, and no papers having been filed in opposition to the appellant's cross motion, it is

ORDERED that the motion and cross motion are denied.

PRUDENTI, P.J., RITTER, MILLER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court