Kearns v Thilburg
Motion No: 2009-05571
Slip Opinion No: 2011 NY Slip Op 60928(U)
Decided on January 11, 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

M113581

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2009-05571

Richard K. Kearns, et al., respondents-appellants,

v Mary Thilburg, appellant-respondent.

(Index No. 7634-05)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 18, 2009, which was determined by decision and order of this Court dated August 31, 2010, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order 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.

SKELOS, J.P., ANGIOLILLO, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court