Matter of N. Picco & Sons Contracting, Inc. v Smith
Motion No: 2009-08620
Slip Opinion No: 2011 NY Slip Op 60798(U)
Decided on January 10, 2011
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

M113730

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-08620

In the Matter of N. Picco & Sons Contracting,

Inc., et al., petitioners, v N. Patricia Smith, etc.,

respondent.

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to reargue a proceeding pursuant to CPLR article 78 and Labor Law § 220(8) to review a determination and order of the Acting Commissioner of the New York State Department of Labor dated August 11, 2009, which was dismissed by decision and judgment of this Court dated October 5, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment of this Court.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., MASTRO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court