MOTION NO. 1681 RUSSELL BARKER V MOBILE PALLET TRUCK, INC.
Motion No: CA 09-01115
Slip Opinion No: 2010 NY Slip Op 75065(U)
Decided on June 11, 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.


June 11, 2010

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.

CA 09-01115

MOTION NO. 1681

RUSSELL BARKER, PLAINTIFF-APPELLANT,

V

MOBILE PALLET TRUCK, INC., DEFENDANT-RESPONDENT.


Defendant-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 March 19, 2010,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq. sworn to April 21, 2010, the notice of motion with proof of service thereof, the affirmation of Stephen C. Halpern, Esq. dated May 6, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 11, 2010

Patricia L. Morgan, Clerk