Matter of Burch v Harper, as Commissioner of Suffolk Count
Motion No: 2007-04496
Slip Opinion No: 2008 NYSlipOp 92784(U)
Decided on December 23, 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

M80313

E/sl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-04496

In the Matter of Chris Burch, et al., appellants,

v Brian L. Harper, as Commissioner of Suffolk

County Department of Health Services, et al.,

respondents.

(File No. 8221/06)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, entered April 26, 2007, which was determined by decision and order of this court dated September 16, 2008, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

SANTUCCI, J.P., ANGIOLILLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court