Fusco v State Farm Fire and Casualty Company, a/k/a Insu
Motion No: 2007-09445
Slip Opinion No: 2009 NY Slip Op 75065(U)
Decided on June 12, 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

M87963

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2007-09445, 2008-00205

Peter Fusco, et al., respondents,

v State Farm Fire and Casualty Company,

a/k/a State Farm Insurance Company, appellant.

(Index No. 9547/04)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to file a late motion for leave to reargue appeals from two judgments of the Supreme Court, Nassau County, dated July 27, 2007, and October 19, 2007, respectively, which were determined by decision and order of this court dated December 30, 2008, and for leave to reargue.

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

ORDERED that the branch of the motion which is for leave to file a late motion for leave to reargue is granted; and it is further,

ORDERED that the branch of the motion which is for leave to reargue is denied, with $100 costs.

MASTRO, J.P., SANTUCCI, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court