Byrne v Collins
Motion No: 2010-00431
Slip Opinion No: 2011 NY Slip Op 63990(U)
Decided on February 14, 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

M115415

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2010-00431

David Byrne, etc., respondent, v James Collins,

et al., defendants, Budget Truck Trust I

Wilmington Trust Co., et al., appellants.

(Index No. 38029/06)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, in effect, for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated November 24, 2009, which was determined by decision and order of this Court dated October 19, 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.

DILLON, J.P., FLORIO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court