| MOTION NO. 1079.1 IN THE MATTER OF THE STATE OF NEW YORK V DANIEL FLAGG |
| Motion No: CA 10-00776 |
| Slip Opinion No: 2010 NY Slip Op 92279(U) |
| Decided on December 30, 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. |
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, AND PINE, JJ.
DOCKET NO. CA 10-00776
| MOTION NO. 1079.1 IN THE MATTER OF THE STATE OF NEW YORK,
PETITIONER-APPELLANT, V DANIEL FLAGG, RESPONDENT-RESPONDENT. |
Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 1, 2010, and having moved to amend the record on appeal,
Now, upon reading and filing the affirmation of Lisa L. Paine, Esq. dated October 18, 2010, the notice of motion with proof of service thereof, and the affirmation of Kathleen M. Treasure, Esq. dated October 27, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargument of or, in the alternative, leave to appeal to the Court of Appeals is denied, and
It is further ORDERED that the motion insofar as it seeks to amend the record on appeal is granted.
Entered: December 30, 2010
Patricia L. Morgan, Clerk