| Smith v Merrill Lynch & Co., Inc. |
| Motion No: 2008-03323 |
| Slip Opinion No: 2010 NY Slip Op 68726(U) |
| Decided on April 16, 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
M101467
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2008-03323 Noel Smith, plaintiff, v Merrill Lynch & Co., Inc., defendant, Fitzgerald & Fitzgerald, P.C., defendant third-party plaintiff-appellant, et al., defendant third-party plaintiff; Locator Services Group, Ltd., et al., third-party defendants, County of Nassau, third-party defendant-respondent. (Index No. 9299/04)
| DECISION & ORDER ON MOTION |
Motion by County of Nassau to amend a decision and order of this court dated January 19, 2010, which determined an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2008, for leave to reargue the appeal, or for leave to appeal to the Court of Appeals from the decision and order dated January 19, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FISHER, J.P., MILLER, ENG and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court