MOTION NO. 433 CHANG HAN KIM AND BOOK SOON KIM V CLYMER CENTRAL SCHOOL, SCHOOL BOARD OF CLYMER CENTRAL SCHOOL DISTRICT
Motion No: CA 09-01999
Slip Opinion No: 2010 NY Slip Op 84815(U)
Decided on October 1, 2010
Appellate Division, Fourth 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.


October 1, 2010

PRESENT: SMITH, J. P., CENTRA, FAHEY, AND PINE, JJ.

CA 09-01999

MOTION NO. 433

CHANG HAN KIM AND BOOK SOON KIM, PLAINTIFFS-RESPONDENTS,

V

CLYMER CENTRAL SCHOOL, SCHOOL BOARD OF CLYMER CENTRAL

SCHOOL DISTRICT, BARNES CONSTRUCTION COMPANY,

DEFENDANTS-RESPONDENTS,

ENVIRONMENTAL PRODUCTS & SERVICES, INC., DEFENDANT-APPELLANT,

ET AL., DEFENDANT.


Plaintiffs-respondents having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 30, 2010,

Now, upon reading and filing the affirmations of Debra A. Norton, Esq. dated June 23, 2010, and July 23, 2010, the notice of motion with proof of service thereof, the affirmation of Mark C. Davis, Esq. dated July 16, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 1, 2010

Patricia L. Morgan, Clerk