Brady v Varrone
Motion No: 2008-04965
Slip Opinion No: 2008 NYSlipOp 89353(U)
Decided on November 18, 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

M78658

E/sl

HOWARD MILLER, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-04965

Stephen Brady, appellant,

v Karen Varrone, respondent.

(Index No. 631/06)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this court dated June 6, 2008, which dismissed an appeal from an order of the Supreme Court, Nassau County, dated April 28, 2008, on the ground that no appeal lies from an order denying a motion for leave to reargue and to reinstate the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation or thereto, it is

ORDERED that the motion is denied.

MILLER, J.P., DICKERSON, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court