PHILIP TAFELSKI, V THE BUFFALO CITY CEMETERY, INC., .
Motion No: 1654-09
Slip Opinion No: 2010 NY Slip Op 67215(U)
Decided on March 19, 2010
Appellate Division, Fourth 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.


March 19, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND CARNI, JJ.

MOTION NO. 1654-09
DOCKET NO. CA 09-01220

PHILIP TAFELSKI, PLAINTIFF-RESPONDENT-APPELLANT,

V

THE BUFFALO CITY CEMETERY, INC.,

DEFENDANT-APPELLANT-RESPONDENT.


Appellant-respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered December 30, 2009,

Now, upon reading and filing the affidavit of Steven M. Zweig sworn to February 4, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Harry G. Modeas sworn to February 9, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 19, 2010

Patricia L. Morgan, Clerk