Treu v Cappelletti
Motion No: 2008-09245
Slip Opinion No: 2010 NY Slip Op 78788(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

M106511

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2008-09245, 2009-03282, 2009-04370

Patrick G. Treu, appellant-respondent,

v Richard R. Cappelletti, Jr., etc.,

respondent-appellant

(and a third-party action).

(Index No. 3230/06)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to reargue appeals from two orders of the Supreme Court, Dutchess County, dated September 3, 2008, and December 15, 2008, respectively, and an order of the same court entered March 30, 2009, which were determined by decision and order of this court dated March 23, 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.

RIVERA, J.P., ANGIOLILLO, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court