Gallo v Health Port, Inc.
Motion No: 2008-05121
Slip Opinion No: 2009 NY Slip Op 83868(U)
Decided on September 23, 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

M92271

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-05121

Anthony J. Gallo, plaintiff-respondent,

v Health Port, Inc., respondent-appellant,

Crescent Bay Company, LLC, appellant-

respondent.

(Index No. 11369-05)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 19, 2008, which were determined by decision and order of this court dated May 26, 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 $100 costs.

DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court