Aguilera v Pistilli Construction & Development Corp.
Motion No: 2008-02589
Slip Opinion No: 2009 NY Slip Op 85664(U)
Decided on October 14, 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

M93034

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-02589

Maximiliano Ariel Aguilera, respondent,

v Pistilli Construction & Development Corp.,

et al., defendants, Tex Development Co., LLC,

appellant.

(Index No. 15012/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated February 8, 2008, which was determined by decision and order of this court dated June 9, 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.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court