John Michalak v R. Brian Fechtel
Motion No: 2009-00164 wc
Slip Opinion No: 2010 NY Slip Op 79956(U)
Decided on August 13, 2010
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

JOHN R. LaCAVA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2009-164 W C
John Michalak, Respondent, v R. Brian Fechtel Also Known as Brian Fechtel, Appellant.

Motion by appellant for leave to reargue or, in the alternative, to appeal to the Appellate Division from an order of this court, entered May 21, 2010, which dismissed appeals from a final judgment of the City Court of Yonkers, Westchester County, entered October 23, 2008, and an order of said court entered March 27, 2009, and which affirmed an order of said court entered December 4, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,

ORDERED that the motion by appellant for leave to reargue or, in the alternative, to appeal to the Appellate Division is denied.

ENTER:

Francis A. Nicolai

Presiding Justice