DeMaio v Capozello
Motion No: 2009-03335
Slip Opinion No: 2010 NY Slip Op 82356(U)
Decided on September 16, 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

M108276

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-03335

James P. DeMaio, appellant,

v Robert Capozello, et al., respondents,

et al., defendants.

(Index No. 28320-05)

DECISION & ORDER ON MOTION

Motion by the respondents Robert Capozello and Anna Capozello for leave to reargue stated portions of an appeal from an order of the Supreme Court, Suffolk County, dated February 18, 2009, which was determined by decision and order of this court dated June 8, 2010.

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 payable by the respondents Robert Capozello and Anna Capozello to the appellant.

RIVERA, J.P., FLORIO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court