Auerbach v Klein
Motion No: 2008-02478
Slip Opinion No: 2010 NY Slip Op 60377(U)
Decided on January 8, 2010
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

M97007

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2008-02478, 2008-03046, 2008-08537,

2008-08539, 2008-10134, 2009-02730

Stephen B. Auerbach, etc., appellant-respondent,

v Samuel J. Klein, et al., defendants-respondents;

Neil Rick, nonparty-respondent-appellant; John L.

Acierno, nonparty-respondent.

(Index No. 15391-02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated January 14, 2008, and appeals from two orders of the same court also dated January 14, 2008, one order dated February 15, 2008, and one order dated November 5, 2008, and a judgment dated October 23, 2008, which were determined by decision and order of this court dated October 20, 2009, for leave to reargue stated portions of the appeals.

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., SANTUCCI, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court