| Kohl v American Transit Insurance Company |
| Motion No: 2008-08661 |
| Slip Opinion No: 2009 NY Slip Op 79437(U) |
| Decided on July 30, 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
M90151
J/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2008-08661 Kristopher Kohl, appellant, v American Transit Insurance Company, respondent. (Index No. 9034/08)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 22, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 30, 2008, which was determined by decision and order of this court dated February 24, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order 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, with $100 costs.
PRUDENTI, P.J., DILLON, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court