| J.C. Tarr, Q.P.R.T. v Delsener |
| Motion No: 2008-07787 |
| Slip Opinion No: 2010 NY Slip Op 80153(U) |
| Decided on August 19, 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. |
Appellate Division: Second Judicial Department
M107338
J/sl
JOSEPH COVELLO, J.P.
FRED T. SANTUCCI
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2008-07787 J.C. Tarr, Q.P.R.T., appellant-respondent, v Ellin Delsener, respondent-appellant, et al., defendant. (Index No. 28766-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated July 3, 2008, which were determined by decision and order of this Court dated February 9, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order of this Court dated February 9, 2010, in the above-entitled matter (see J.C. Tarr, Q.P.R.T. v Delsener, 70 AD3d 774), is amended by deleting from the preamble thereof the date "February 3, 2004," and substituting therefor the date "July 3, 2008," and the motion is otherwise denied.
COVELLO, J.P., SANTUCCI, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court