Matter of Giancola v Whitman
Motion No: 2008-11334
Slip Opinion No: 2009 NYSlipOp 60693(U)
Decided on January 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81103

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-11334

In the Matter of Fred Giancola, et al., appellants,

v Deborah Whitman, et al., respondents.

(Index No. 87321/06)

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to appeal to this court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated August 19, 2008, which affirmed an order of the Civil Court of the City of New York, Kings County, entered April 3, 2007.

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

ORDERED that the motion is granted.

SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court