Shea v American Tobacco Company; Tomasino v Ameri
Motion No: 2009-00661
Slip Opinion No: 2010 NY Slip Op 82642(U)
Decided on September 17, 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

M108265

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-00661, 2009-06168

Theresa Shea, etc., et al., appellants,

v American Tobacco Company, et al.,

respondents, et al., defendants.

(Appeal No. 1)

Justin Tomasino, etc., appellant,

v American Tobacco Company, et al.,

respondents, et al., defendants.

(Appeal No. 2)

(Index Nos. 8938/03, 27182/97)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue appeals from two orders of the Supreme Court, Nassau County, dated December 9, 2008, and June 5, 2009, respectively, which were determined by decision and order of this Court dated May 4, 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., DILLON, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court