Matter of Michalak v Fechtel
Motion No: 2010-08860
Slip Opinion No: 2010 NY Slip Op 87307(U)
Decided on November 8, 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

M110580

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-08860

In the Matter of John Michalak, petitioner,

v R. Brian Fechtel, etc., respondent.

(Index No. SP3465/08)

DECISION & ORDER ON MOTION

Motion by R. Brian Fechtel for leave to appeal to this court from an order of the Appellate Term, Ninth and Tenth Judicial Districts, dated May 21, 2010, which dismissed an appeal from a judgment of the City Court, City of Yonkers, Westchester County, entered October 23, 2008, and an order of the same court entered March 27, 2009, and affirmed an order of the same court entered December 4, 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.

FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court