| STANLEY A. GIZOWSKI, CLAIMANT V STATE OF NEW YORK, . |
| Motion No: 998-09 |
| Slip Opinion No: 2009 NY Slip Op 93094(U) |
| Decided on December 30, 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: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.
MOTION NO. 998-09
DOCKET NO. CA 08-01910
| STANLEY A. GIZOWSKI, CLAIMANT-RESPONDENT-APPELLANT, V STATE
OF NEW YORK, DEFENDANT-APPELLANT-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 October 2, 2009,
Now, upon reading and filing the affirmation of Michael T. Coutu dated November 10, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Samuel J. Capizzi sworn to November 18, 2009, the reply affirmation of Richard S. Poveromo dated November 20, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: December 30, 2009
Patricia L. Morgan, Clerk