Appellate Division: Second Judicial Department

M110944

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2008-10020, 2009-04396 Richard J. Erickson, plaintiff-respondent-appellant, v Cross Ready Mix, Inc., defendant-respondent, Turner Construction Company, defendant third-party plaintiff-respondent-appellant, Elite Ready Mix Corporation, appellant-respondent, et al., defendants; Commodore Construction Corp., third-party defendant-respondent. (Appeal No. 1) Richard J. Erickson, appellant, v Cross Ready Mix, Inc., et al., defendants, Turner Construction Company, defendant third-party plaintiff-respondent; Commodore Construction Corp., third-party defendant-respondent. (Appeal No. 2) (Index No. 11947/05)

DECISION & ORDER ON MOTION

Motion by Turner Construction Company for leave to reargue stated portions of appeals from an order of the Supreme Court, Nassau County, entered September 30, 2008, which were determined by decision and order of this Court dated July 13, 2010, and an appeal from an order of the same court entered April 21, 2009, which was determined by decision and order of this Court also dated July 13, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from both decisions and orders of this Court. Cross motion by Commodore Construction Corp. for leave to reargue stated portions of the appeals.

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

ORDERED that the motion and cross motion are denied, with one bill of $100 costs payable by the movants to Richard J. Erickson.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court