| BRIAN PETERS V THE KISSLING INTERESTS, INC. |
| Motion No: 498-09 |
| Slip Opinion No: 2009 NY Slip Op 85819(U) |
| Decided on October 2, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J. P., FAHEY, PERADOTTO, CARNI, AND GORSKI, JJ.
MOTION NO. 498-09
DOCKET NO. CA 08-01936
| BRIAN PETERS, PLAINTIFF-APPELLANT, V THE KISSLING INTERESTS, INC.,
DEFENDANT-RESPONDENT. |
Defendant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 5, 2009,
Now, upon reading and filing the affidavit of Harry F. Mooney sworn to July 8, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Timothy J. Perry sworn to July 15, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: October 2, 2009
Patricia L. Morgan, Clerk