Figueroa v Tornabene
Motion No: 2009-02419
Slip Opinion No: 2010 NY Slip Op 82911(U)
Decided on September 21, 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

M108523

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-02419

Samuel Figueroa, plaintiff-respondent,

v Felice Tornabene, et al., appellants,

Metropolitan Lumber, Hardware and

Building Supplies, Inc., et al., defendants-

respondents, et al., defendants.

(Index No. 23754/06)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent for leave to appeal to the Court of Appeals from a decision and order of this court dated June 8, 2010, which determined an appeal from an order of the Supreme Court, Queens County, dated December 23, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court