Daniel v Folk
Motion No: 2008-03312
Slip Opinion No: 2009 NYSlipOp 65896(U)
Decided on March 9, 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

M83360

E/cb

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

RANDALL T. ENG, JJ.

2008-03312

Leon Daniel, appellant, v

Frank Folk, etc., respondent.

(Index No. 21032/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered February 15, 2008, which was determined by decision and order of this court dated December 2, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., RIVERA, FISHER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court