Symbol Technologies, Inc. v Deloitte & Touche, LLP
Motion No: 2008-06642
Slip Opinion No: 2010 NY Slip Op 64466(U)
Decided on March 1, 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

M99232

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2008-06642

Symbol Technologies, Inc., appellant,

v Deloitte & Touche, LLP, respondent.

(Index No. 33150-06)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue stated portions of an appeal from an order of the Supreme Court, Suffolk County, dated June 16, 2008, which was determined by opinion and order of this court dated October 27, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Separate motion by the American Institute of Certified Public Accountants for leave to appear as amicus curiae in support of the respondent's motion. Separate motions by the New York State Bar Association and the Securities Industry and Financial Markets Association for leave to appear as amici curiae in support of the branch of the motion which is for leave to appeal to the Court of Appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

RIVERA, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court