Fallon v Lubrano
Motion No: 2008-08649
Slip Opinion No: 2008 NYSlipOp 86833(U)
Decided on October 21, 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

M77450

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

MARK C. DILLON

RANDALL T. ENG, JJ.

2008-08649

Joseph Fallon, et al., plaintiffs,

v Thomas Lubrano, defendant.

(Index No. 12233/05)

DECISION & ORDER ON MOTION

Motion by the plaintiff Joseph Fallon for leave to appeal to this court from an order of the Appellate Term, Ninth and Tenth Judicial Districts, dated May 27, 2008, which reversed a judgment of the First District Court, Suffolk County, entered November 1, 2006.

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

ORDERED that the motion is denied.

FISHER, J.P., MILLER, DILLON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court