Francesa v Scibetta
Motion No: 2007-00538
Slip Opinion No: 2008 NYSlipOp 76354(U)
Decided on June 30, 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

M72457

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-00538, 2007-05422, 2007-05423

Michael Francesa, et al., respondents,

v Joseph Scibetta, et al., appellants.

(Index No. 18683/05)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered December 6, 2006, and May 8, 2007, respectively, and a judgment of the same court entered May 8, 2007, which were determined by decision and order of this court dated April 1, 2008, 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 appellants for leave to reargue the appeals.

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

ORDERED that the motion and cross motion are denied.

RIVERA, J.P., SPOLZINO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court