| Monaco v Meerendonk |
| Motion No: 2005-07297 |
| Slip Opinion No: 2009 NYSlipOp 60542(U) |
| Decided on January 13, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M80941
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
STEVEN W. FISHER
RUTH C. BALKIN, JJ.
|
2005-07297 Domenico Monaco, appellant, et al., plaintiff, v Benjamin Van Meerendonk, et al., respondents.
(Index No. 7774/90)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue the appellant's prior motion, in effect, inter alia, to recall and vacate so much of a decision and order on motion of this court dated May 31, 2007, as dismissed an appeal from a judgment of the Supreme Court, Kings County, dated August 10, 2005, which was determined by decision and order on motion dated October 15, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until February 16, 2009, and the respondents' brief must be served and filed on or before that date.
RIVERA, J.P., SKELOS, FISHER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court