Kurtzberg v Alexander
Motion No: 2009-06986
Slip Opinion No: 2009 NY Slip Op 90267(U)
Decided on December 3, 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

M95393

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-06986

Susan Kurtzberg, etc., et al., plaintiffs,

v James D. Alexander, defendant.

(Action No. 1)

James D. Alexander, et al., respondents,

v Susan Kurtzberg, appellant.

(Action No. 2)

(Index Nos. 07-22749, 08-3549)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue the respondents' cross motion to dismiss an appeal from an order of the Supreme Court, Westchester County, dated May 21, 2009, as well as her prior motion to stay the trial in the above-entitled action pending hearing and determination of. the appeal, which were determined by decision and order on motion dated October 8, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court