DiBuono v Abbey, LLC
Motion No: 2009-06990
Slip Opinion No: 2010 NY Slip Op 78764(U)
Decided on August 4, 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

M106250

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-06990

James DiBuono, et al., respondents,

v Abbey, LLC, et al., defendants,

Estate of Michael R. Crabtree, appellant

(and a third-party action).

(Index No. 08-15975)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered July 1, 2009, which was determined by decision and order of this court dated March 9, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

FISHER, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court