| Wheaton v East End Commons Associates, LLC, a/k/a |
| Motion No: 2006-10773 |
| Slip Opinion No: 2008 NYSlipOp 76904(U) |
| Decided on July 2, 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. |
Appellate Division: Second Judicial Department
M72467
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
DANIEL D. ANGIOLILLO
RUTH C. BALKIN, JJ.
|
2006-10773 Sherrylee S.Wheaton, et al., plaintiffs- respondents-appellants, v East End Commons Associates, LLC, a/k/a The Feil Organization, et al., defendants-respondents-appellants, Kings Park Contracting, Inc., appellant-respondent. (Index No. 3576-04)
| DECISION & ORDER ON MOTION |
Motion by Kings Park Contracting, Inc., for leave to reargue an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated September 5, 2006, 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.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court