Fagan, as administrator of estate of Nowitz v Nowitz

Fagan, as administrator of estate of Nowitz v Nowitz

Motion No: 2005-03476

Slip Opinion No: 2009 NY Slip Op 91901(U)

Decided on December 18, 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

M96225

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

ANITA R. FLORIO

HOWARD MILLER, JJ.

2005-03476
Ellen Fagan, as administrator of estate of
Estelle Nowitz, a/k/a Estelle B. Nowitz,
respondent, v David Nowitz, appellant.
(Index No. 25831/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated January 12, 2005, which was determined by decision and order of this court dated September 22, 2009.

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, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court