Giannini v Cruz
Motion No: 2008-11672
Slip Opinion No: 2010 NY Slip Op 62466(U)
Decided on February 2, 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

M98038

J/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2008-11672

Elena Giannini, et al., respondents,

v Antonio Cruz, appellant.

(Index No. 20664/07)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated October 29, 2008, which was determined by decision and order of this court dated November 4, 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.

RIVERA, J.P., MILLER, BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court