37 Park Drive South, Inc. v Duffy
Motion No: 2008-00283
Slip Opinion No: 2009 NY Slip Op 85691(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

M93029

E/sl

STEVEN W. FISHER, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2008-00283

37 Park Drive South, Inc., respondent-appellant,

v James P. Duffy III, et al., appellants-respondents.

(Index No. 04-16967)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents for leave to reargue an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated January 2, 2008, which were determined by decision and order of this court dated June 23, 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.

FISHER, J.P., DICKERSON, ENG and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court