MOTION NO. 1225 CRYSTAL RUN NEWCO, LLC, V UNITED PET SUPPLY, INC., DOING BUSINESS AS THE PET COMPANY, .
Motion No: 09-00612
Slip Opinion No: 2010 NY Slip Op 71265(U)
Decided on April 30, 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.


April 30, 2010

PRESENT: SMITH, J.P., FAHEY, CARNI, PINE, AND GORSKI, JJ.

DOCKET NO. 09-00612

MOTION NO. 1225

CRYSTAL RUN NEWCO, LLC, PLAINTIFF-RESPONDENT-APPELLANT,

V

UNITED PET SUPPLY, INC., DOING BUSINESS AS THE PET COMPANY,

DEFENDANT-APPELLANT-RESPONDENT.


Appellant United Pet Supply, Inc. having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 11, 2010,

Now, upon reading and filing the affirmation of Donna-Marie Korth, Esq. dated March 12, 2010, the notice of motion with proof of service thereof, the affidavit of J. Michael Naughton, Esq. sworn to March 24, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: April 30, 2010

Patricia L. Morgan, Clerk