| Steven L. Levitt & Associates, P.C. v Balkin |
| Motion No: 2007-02810 |
| Slip Opinion No: 2010 NY Slip Op 61688(U) |
| Decided on January 21, 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. |
Appellate Division: Second Judicial Department
M97588
J/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
STEVEN W. FISHER
ANITA R. FLORIO, JJ.
|
2007-02810 Steven L. Levitt & Associates, P.C., plaintiff/counterclaim defendant-respondent, v Ronald Balkin, et al., defendants/counterclaim plaintiffs-appellants; Steven L. Levitt, additional counterclaim defendant-respondent. (Index No. 06/005033)
| DECISION & ORDER ON MOTION |
Motion by the respondents and cross motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered February 22, 2007, which was determined by decision and order of this Court dated August 19, 2008. Separate motion by the respondents 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 motions and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the respondents' motion for leave to reargue the appeal is granted to the extent that the decision and order of this Court dated August 19, 2008, in the above-entitled matter (54 AD3d 403), is amended by deleting from the sixth paragraph thereof the words "his attorney, Steven L. Levitt, the plaintiff's principal" and substituting therefor the words "an associate of the plaintiff law firm who was appearing on his behalf"; and it is further,
ORDERED that the motions and cross motion are otherwise denied.
PRUDENTI, P.J., MASTRO, FISHER and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court