McClain v City of New York
Motion No: 2008-09500
Slip Opinion No: 2009 NY Slip Op 91351(U)
Decided on December 15, 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

M95872

E/sl

A. GAIL PRUDENTI, P.J.

JOSEPH COVELLO

HOWARD MILLER

LEONARD B. AUSTIN, JJ.

2008-09500

Naquan McClain, etc., et al., appellants,

v City of New York, respondent.

(Index No. 15415/04)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated August 4, 2008, which was determined by decision and order of this court dated September 8, 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.

PRUDENTI, P.J., COVELLO, MILLER and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court