Globe Surgical Supply, as assignee of Gallant v GEICO
Motion No: 2006-07878
Slip Opinion No: 2009 NYSlipOp 70039(U)
Decided on April 20, 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

M85439

E/nl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

THOMAS A. DICKERSON, JJ.

2006-07878, 2007-00061

Globe Surgical Supply, as assignee of Remy Gallant,

appellant, v GEICO Insurance Company, respondent.

(Index No. 9808/04)

OPINION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered July 21, 2006, and November 8, 2006, respectively, which were determined by opinion and order of this court dated December 30, 2008, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this court. Separate motion by Property Casualty Insurers Association of America for leave to appear as amicus curiae and to accept its motion papers as papers in support of the respondent's motion.

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

ORDERED that the motion by the respondent is denied, with $100 costs payable to the appellant; and it is further,

ORDERED that the motion by Property Casualty Insurers Association of America is denied.

SPOLZINO, J.P., FLORIO, MILLER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court