| Matter of Whitley v D'Emic |
| Motion No: 2008-08542 |
| Slip Opinion No: 2009 NYSlipOp 65950(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. |
Appellate Division: Second Judicial Department
M83365
E/cb
A. GAIL PRUDENTI, P.J.
PETER B. SKELOS
FRED T. SANTUCCI
THOMAS A. DICKERSON, JJ.
|
2008-08542 In the Matter of Leroy Whitley, petitioner, v Matthew D'Emic, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, inter alia, for leave to reargue a proceeding pursuant to CPLR article 78, which was determined by decision, order, and judgment of this court dated December 23, 2008, or, in the alternative, for leave to appeal to the Court of Appeals from the decision, order, and judgment 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.
PRUDENTI, P.J., SKELOS, SANTUCCI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court