Matter of York v Strauss
Motion No: 2007-10407
Slip Opinion No: 2008 NYSlipOp 83887(U)
Decided on September 24, 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

M76161

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2007-10407

In the Matter of Esther York, petitioner,

v Sidney F. Strauss, etc., et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue her motion, in effect, for leave to reargue a proceeding pursuant to CPLR article 78, in effect, in the nature of prohibition and mandamus, inter alia, to compel the respondent Sidney F. Strauss, a Justice of the Supreme Court, Queens County, to comply with certain decisions and orders of this court, which was determined by decision and judgment of this court dated March 18, 2008, and, upon reargument, inter alia, "to provide for a sequence of the hearings on remittitur". The petitioner's motion, in effect, for leave to reargue was determined by decision and order on motion dated May 30, 2008. Cross motion by Joseph York for a "filing injunction" and to sanction the petitioner in the sum of $2,500.

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.

SKELOS, J.P., DILLON, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court