Trimarco v Data Treasury Corporation
Motion No: 2007-10025
Slip Opinion No: 2009 NY Slip Op 77757(U)
Decided on July 13, 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

M89211

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2007-10025

Michael C. Trimarco, respondent,

v Data Treasury Corporation, appellant.

(Index No. 30324-03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated February 17, 2009, which determined an appeal from an order of the Supreme Court, Suffolk County, dated August 27, 2007. Cross motion by the respondent for an award of an attorney's fee and to impose a sanction upon the appellant.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted to the extent that the respondent is awarded motion costs in the sum of $100 and the cross motion is otherwise denied.

MASTRO, J.P., COVELLO, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court