Matter of Kearney v Kita
Motion No: 2008-03765
Slip Opinion No: 2009 NY Slip Op 84481(U)
Decided on September 28, 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

M92480

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2008-03765

In the Matter of Margaret A. Kearney, respondent,

v Richard Kita, et al., appellants.

(Index No. 18678/07)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered April 15, 2008, which was determined by decision and order of this court dated May 26, 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.

SPOLZINO, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court