| Matter of Deering v Scopetta |
| Motion No: 2008-07126 |
| Slip Opinion No: 2008 NYSlipOp 83687(U) |
| Decided on September 22, 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
M76045
E/sl
ROBERT A. SPOLZINO, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS, JJ.
|
2008-07126, 2008-07127 In the Matter of Kenneth Deering, petitioner, v Nicholas Scopetta, etc., et al., respondents.
(Index No. 25507/06)
| DECISION & ORDER ON MOTION |
Motion by Nicholas Scopetta, Board of Trustees of New York City Fire Department Article I-B Pension Fund, and City of New York for leave to appeal to this court from two orders of the Supreme Court, Kings County, dated September 28, 2007, and April 28, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court from the order dated September 28, 2007 (Appellate Division Docket No. 2008-07126), is granted; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to this court from the order dated April 28, 2008 (Appellate Division Docket No. 2008-07127), is denied as no appeal lies from an order denying reargument.
SPOLZINO, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court