Misek-Falkoff v Metropolitan Transit Authority
Motion No: 2008-04200
Slip Opinion No: 2009 NY Slip Op 86844(U)
Decided on October 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

M93564

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

HOWARD MILLER

THOMAS A. DICKERSON, JJ.

2008-04200

Linda D. Misek-Falkoff, etc., et al., appellants,

v Metropolitan Transit Authority, et al., defendants;

Dubow, Smith & Marothy, nonparty-respondent.

(Index No. 05-19034)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered April 1, 2008, which was determined by decision and order of this court dated August 11, 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.

MASTRO, J.P., DILLON, MILLER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court