Perez v Fugon
Motion No: 2007-03440
Slip Opinion No: 2008 NYSlipOp 88077(U)
Decided on October 31, 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

M77927

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-03440, 2007-11030

Angel A. Perez, et al., appellants,

v Damaris Fugon, et al., respondents.

(Index No. 05-3856)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue appeals from two orders of the Supreme Court, Orange County, both dated February 28, 2007, which were determined by decision and order of this court dated June 17, 2008. Cross motion by the appellants for "requested relief in the appeal of their motion to renew the underlying original summary judgment because of the submission of new evidence" in the event that the court grants the motion for leave to reargue.

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 is denied; and it is further,

ORDERED that the cross motion is denied as academic.

SKELOS, J.P., SANTUCCI, COVELLO, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court