Matter of County of Suffolk Division of Real Property Acquis
Motion No: 2008-10709
Slip Opinion No: 2010 NY Slip Op 62860(U)
Decided on February 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

M98248

S/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-10709

In the Matter of County of Suffolk Division

of Real Property Acquisition and Management,

petitioner, v Frank Kandler, et al., respondents.

(Index No. 3372-06)

DECISION & ORDER ON MOTION

Motion by Frank Kandler, Deborah Kandler, and Michael Margigliano for leave to reargue their prior motion for leave to reargue their motion for leave to appeal to this court from an order of the Appellate Term, Ninth and Tenth Judicial Districts, dated July 10, 2008, which affirmed a judgment of the Sixth District Court, Suffolk County, entered November 21, 2006, which was determined by decision and order on motion of this court dated November 9, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court. The motion for leave to appeal to this court was determined by decision and order on motion dated January 28, 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.

MASTRO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court