Matter of Prioleau v Nicoletti
Motion No: 2007-11456
Slip Opinion No: 2008 NYSlipOp 92922(U)
Decided on December 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

M80309

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2007-11456

In the Matter of Jerry Prioleau, petitioner,

v Joseph Nicoletti, Jr., etc., et al., respondents.

(Index No. 21760/07)

DECISION & ORDER ON MOTION

Motion by respondents for leave to reargue a proceeding pursuant to CPLR article 78 to review a determination dated June 28, 2007, which was determined by decision and judgment of this court dated September 9, 2008, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment of this court. Cross motion by the petitioners for leave to appeal to the Court of Appeals from the decision and judgment of this court.

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 the cross motion are denied.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court