Congel v Malfitano
Motion No: 2007-04386
Slip Opinion No: 2009 NY Slip Op 76792(U)
Decided on July 1, 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

M88842

E/cb

ROBERT A. SPOLZINO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2007-04386, 2008-05467

Robert Congel, etc., et al., respondents,

v Marc Malfitano, appellant.

(Index No. 220/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue (1) an appeal from an order of the Supreme Court, Dutchess County, dated April 20, 2007, which was determined by decision and order of this court dated April 21, 2009, and (2) an appeal from an order of the same court dated May 29, 2008, which was determined by decision and order of this court also dated April 21, 2009.

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

ORDERED that the motion is denied, with one bill of $100 costs.

SPOLZINO, J.P., COVELLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court